Home / Nebraska Police Chase Down Man Video Recording Their Abuse While Second Man Video Records It All

Nebraska Police Chase Down Man Video Recording Their Abuse While Second Man Video Records It All

 

Omaha police displayed an unbridled street gang brazenness when they chased a man who was video recording them abusing his brother into a private home, confiscating his phone and arresting him to ensure their actions would never see the light of day.

However, another citizen captured the entire incident on video from a second-floor window, ensuring at least the façade of an internal investigation. 

Police also arrested a third brother inside the home they entered without a warrant, not to mention they knocked over a woman in a wheelchair.

Police claim the woman in the wheelchair was knocked over by Juaquez as he ran from officers.

Regardless of who knocked her over, police had no right to chase Juaquez into the homewithout a warrant when all he was doing was video recording them from across the street.

He was charged with disorderly conduct and obstructing police. No mention of his video is made in any of the local news stories of the incident.

His brother, Octavious Johnson, the man police were initially arresting, was charged disorderly conduct, resisting arrest, obstructing police and reckless driving.

The third brother arrested, Demetrius Johnson, was charged with obstructing police and an outstanding warrant.

According to KMTV:

The family says officers demanded the phone but when Juaquez ran into the house to put it away, police rushed in throwing Sharon Johnson out of her wheelchair. Sharon says, “He came in and ran and he took my chair and he throws it up and just threw me back.” But a police report obtained by Action 3 News shows Johnson was pushed out of her wheel chair by Juaquez as he ran from officers. Sharon says, not true. “Other police officers just climbed over me and just start going over this way and jumping all over him.” said Sharon.

Johnson says police handcuffed her for a short time, arrested Juaquez and took his cell phone. The Omaha Police Department released this statement: “Chief (Todd) Schmaderer has authorized an internal investigation into the incident. The Omaha Police Department expects professionalism from all employees…there will be a comprehensive investigation into this incident….any violations will be addressed.”

The man who video recorded the incident, Michael Lynch, did an excellent job of capturing the entire scene, which shows police ordering Octavious Johnson to stand against a truck to arrest him after a dispute over a tow truck trying to tow cars from that block.

Octavious wasn’t physically challenging the officers but one officer wrapped his arms around his neck and threw him down to the pavement, then began punching him.

Juaquez Johnson began yelling, “that’s bullshit,” to protest the aggressive actions against his brother, which prompted another officer to start holding him back.

Juaquez wasn’t being combative with the officer but the video shows he was trying to get closer to the altercation as if to record it.

He can be heard saying something like “I’m just taking pictures” at around :21 in the video.

The officer walks him to the sidewalk and Juaquez makes it clear that he is not going to get any closer than the sidewalk but continues to ask, “why you hit him?”

The cop walks back up to him, which causes him to start retreating on the sidewalk, saying, “I don’t feel comfortable with you walking up.”

When the cops walks back towards the street, Juaquez walks back to the same area on the sidewalk where he keeps telling them “that’s abuse” and “get your knee off of his head.”

However, he is very careful not to stand on the street to give the impression that he might physically interfere with the two officers who are on top of his brother.

At 2:18, more cop cars pull up to the scene with sirens wailing and that’s when they start chasing Juaquez into the home.

At least six cops run into the home and eventually lead the two brothers out in handcuffs.

According to KPTM:

Police say they were called out to the area for a parking complaint when the response escalated to a disturbance.

A nearby witness captured the dispute on cell phone video, which is now circulating on You Tube.

“It was just a spur of the moment thing, like I just started recording and everything happened,” said Michael Lynch. He took the cell phone video across the street, upstairs.

In it, you see police throw 28- year-old Octavius Johnson to the ground and throw punches minutes later.

Octavius described, “He went around my neck, threw me on the ground, choked me out to the point where I couldn’t breathe or speak.” He continued, “The officer told me to stop resisting, punched me in the face and said ‘do you want to die today’.”

You also see his brother, Juaquez Johnson, nearby recording his own video, according to family. Lynch said he stayed inside while recording after he said police didn’t seem happy that Juaquez was recording.

The local news stories do not specify whether police returned Juaquez’s phone but considering that video is nowhere to be found on the internet, we can safely assume it’s been deleted.

Omaha Police Chief Todd Schmaderer, who took over in August 2012, vowed to “get to the bottom of this.”

Call him at (402) 444-5600.

About Carlos Miller

Carlos Miller is founder and publisher of Photography is Not a Crime, which began as a one-man blog in 2007 to document his trial after he was arrested for photographing police during a journalistic assignment. He is also the author of The Citizen Journalist's Photography Handbook, which can be purchased through Amazon.
  • rick

    The dogs survived!

    • Jefft90

      Despite someone yelling at the 3:30 mark “shoot that fxxx dog”

  • Alan Bickley

    Federal courts have ruled on the citizen’s right to record police behavior, affirming in both cases that the right exists. One ruling came from the federal district in Boston, and I believe the other came from Illinois. It’s stories like this that make me wonder what well-meaning liberals are thinking when they advocate for the hiring of more cops as a remedy for the Great Recession. More cops have brought in their wake more shredding of what most of assume are rights as citizens.

    • Lefim

      Not all: Two U.S. Circuit courts, the 1st and the 11th, say that there is a right to photograph/videotape police activity. The 9th Circuit provides some protection if police activity is considered a “matter of public interest.” Courts in the 3rd, 4th and 5th Circuits have said that the right to videotape the police has not conclusively been established. Courts in the remaining circuits have not ruled directly on the issue.

  • Cops lie

    Keep up the great work, Carlos! Expose these animals in blue!!

  • n4zhg

    Update: One officer reassigned pending investigation, did not say who.

    • MikeUrban

      Damn, I thought it said resigned…re-read. Should have known better, cowards don’t resign.

      • FTP

        It sure would have been nice to hear gun shots in that house and then hearing all these cops that violated this mans rights by barging into his home without a warrant were ALL shot in the god damn head.

      • n4zhg

        And then people wonder where the “domestic terrorists” come from. They come from the system not putting cops like this on the unemployment line.

        • Difdi

          Military officers, police officers and public officials all swear to defend the constitution. Ever wondered what a domestic enemy of the constitution would look like?

          You’ve now seen over a dozen of them caught on video.

          • steve618

            Since there is no requirement that anyone actually read the Constitution before taking the oath, “defending” the Constitution must be taken to mean merely protecting the physical document currently on display in the nation’s capital from theft, vandalism, fire, etc….

  • Jacques666

    I used to live in Omaha. (Ouch!) One day about a half mile from my home I passed a police car which was on the median. Instantly the police car started follwing me. I was going the speed limit, but the car kept on my tail. I made sure every move was picture perfect. (My ex-father in law in NY was a cop – and he called this sort of thing “baiting the driver.” Anything to warrant a stop.)
    All the way to my apartment the cop was tailgating me. I stopped in front of my space, turned off the igintion, then went to question the female officer. She laughed in my face, and drove off.
    Yeah… looks they haven’t changed much in over 12 years.

    • http://twitter.com/MrMakanhoes Mr Makanhoes #Alien

      That was when they had quotas… now you barely ever see them out… but when you do they always show up deep i was pulled over last december an they ended up bring 3 squad cars for a male and female in a car just to cite me for littering a cigarette butt… They pick on the easy ones not to mention they only have a 30% solved murder rate that has been picking up the last few years

  • Reverend Xenakaboom

    As a side note, I find it disturbing how the KMTV report appears to function as a press release, rather than a report.

    “But a police report obtained by Action 3 News shows Johnson was pushed out of her wheel chair by Juaquez as he ran from officers. Sharon says, not true. ”

    This snippet is yet more evidence that there is no such thing as an independent press anymore. The police report is referred to as being factual, despite testimony to the contrary. Furthermore, the reporter had the gall to refer to Sharon Johnson, the wheelchair user, by her first name, rather than her surname, showing a profound lack of respect for the parties involved. Simple changes, such as the use of the word “states” rather than “shows”, and referring to Ms. Johnson by her proper name, would give this story at least a facade of objectivity.

    • Ridiculious

      WTF i counted at least 19 cops with 11 or 12 in the damn house!! What an over reaction. Cops are nothing but thugs with to much power!! I’m surprised the dogs didn’t get shot!! Disgusting pigs!!!!!

    • annglover

      Of course the police report said that. They should never have been in that house. I live in Omaha, and I think this is disgusting.

  • Wayne Walton

    The ROOT CAUSE of this is usury. Usury/interest/riba has been forbidden by Jews, Christians and Muslims for 1000’s of years. Usury USURPS natural human sovereignty so that a tiny few psychopaths rule through the “money power”. They have massive abundance to enforce their will on a planet of debt slaves. Their is no lack of funding for their tyranny. Why? Every dollar is really a private bank Federal Reserve born with debt and interest.

    Solution? Humanity must create its own debt/interest free money. Then hire the enforcers ourselves to protect us from the bankers. http://www.youtube.com/watch?v=HUyCJ9bGlYw

  • Jeffrey Marcus Gray

    William Grigg has a Facebook page called Restore The Right To Resist and this story should be right down his ally. It is my opinion that this family had every right to resist this gang style assault with lethal force! How is this any different than a family being attacked by a band of criminals including home invasion,assault,and attempted murder?

    Here is my message to all the coward government agents monitoring this site….Fuck Off!

  • ee

    kudos to the guy video taping this from his window and getting it out there for public to see……..this is a disgrace and criminal the behaviour of the cops rolling in like a gang trampling citiens rights to be safe on the streets and in their own homes ……pitiful cops get away with this stuff every day wtf

    • Difdi

      I wonder how many times the videographer has been pulled over for no apparent reason since posting the video?

  • Stardust

    Sieg Heil…

  • chris webb

    pieces of dog shit, with badges!!!!!! fuckem!!!

    • Difdi

      Badges? We don’t need no steenking badges.

      • HpPavilion22

        125 cops to confisicate a video recording of thier buddy breaking the law

        • Kansas

          I’m so tired of seeing these videos. But unfortunately, this is just the beginning…coming to a home near you. Arrest the whole department and let the Constitutional Sheriffs run the law enforcement in this country. Who voted these police assholes into power? No one, but we CAN vote them the fuck out.

    • VolvoDriver

      You’re a moron. Add something intelligent, or just shut up.

      • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

        You should take your own advice.

  • WhoCares

    those would be some dead cops over here

    • Justice

      Those cops should be lined up and shot. Pathetic pieces of shit. “Don’t start calling me sir! Don’t call me sir!” Is that guy for fucking real? What a cock sucking idiot. Literally too fucking stupid to say anything halfway intelligible in his incessant need of making himself out to be the big man by making sure he talks over the “suspect.” If I were the spouse of any of these men I’d divorce them immediately and make sure they never saw their kids again. If there’s any women out there married to these scum, have some fucking integrity and leave their pathetic asses.

  • http://www.facebook.com/jwarren818 Jack Rissell

    There is probably something like this happening right now in every major city in every state as we sit in disgust reading about this one. But the cops know the simple step of confiscating/deleting/destroying the digital evidence. The one’s we DO get to see are the one-in-a-millions that were secretly recorded. The lines are being drawn and they are making their choices. The games will soon begin.

    • annglover

      As an Omahan, I can say that our police dept. is not nearly as bad as some. Seriously. There are many complaints of this kind of behavior; but the videos that make it to the public are few and far between. The police officers who came in after the curious call of “Officer needs assistance” probably wondered what they were called off of legit issues for. It’s normally used when an officer’s life is in danger. When a situation is out of control. I didn’t see that; I saw an officer walk to his car and give the call and then totally overreact. I did see a cuffed man being hit repeatedly.

      • http://twitter.com/MrMakanhoes Mr Makanhoes #Alien

        Robert Wagner? if your from omaha then you really are missing alot of things… the dog shooting. I had a friend beat up by the cops for sitting outside of a bar waiting for his ride. Omaha is just as bad as a lot of cities when our police act like this for a sticker on a car…

    • http://www.facebook.com/holly.hughes.798 Holly Hughes

      not only will the games soon begin it will begin on a much higher level…when our government tries to take our guns one state at a time…that’s when the “real” games will start…this is only the beginning…..mean while these ‘police’ are just the beginning of how bad it is going to get….

  • Stanley B. Manley

    I wonder how much of that shit would’ve happened if a long gun barrel was poked from a window of every house on that block.

    • SamTx

      There are a lot of examples of police misconduct on the internet… this is not one them. Watch it again, and put yourselves in the cops point of view. The 1st subject was being uncooperative and resisting, and so they took him down. The second guy then begins to verbally harass the police, and interfering by causing a public disturbance and possibly trying to encourage other civilians to aid in deterring police action. He shouldn’t have been yelling at the cops, and most definitely should not have been trying to tell them what to do. He was hostile and therefore was a threat. The lone cop trying to keep him back responded appropriately in waiting for back up. Chasing a perp alone, into an unknown environment (the house) with potentially other threats (the other guy on the porch) would have been reckless and stupid. At close to 3:00 the perp on the ground struggles to get the police officer off of him, BEFORE the cop responds with hitting. Being that he was the only police officer detaining and did not have back up around him at that time, it was an appropriate use of force to subdue him. Him looking around most likely was for assistance and checking to make sure there weren’t any other threats around him. The police rolled in numbers, which if nothing else was going on, is also appropriate. If you’re running from the cops, you are doing something wrong. Innocent people who know their rights, stand their ground, obey police when told to stay back, and calmly try to reason. He didn’t do any of that. If a police officer spotted the guy on the 2nd floor videoing and they went in after him – that would be outrageous and wrong, but that’s not what happened. There are a couple of things the police could improve upon and learn from this, but their wasn’t any misconduct from what this video shows.One should analyze all points of view when interpreting videos.

      • once again

        Punching a handcuffed man laying on his stomach with a knee on his head/neck is acceptable use of force?

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          It can be, dependent on the circumstances. Those circumstances would be extremely limited.

          I don’t think those circumstances are met in this case, based on what I saw in the video.

        • SamTx

          When that man is trying to free himself and/or harm you? Yes. Watch the perp’s foot, he’s continuing to resist and is thus threatening the officer. The police officer then hits and adjusts to a more secure hold. There should’ve been another officer assisting him, so he wouldn’t have needed to respond with such force, and they should’ve secured him in a squad car before the others ran off.

          • once again

            Moving a foot isn’t threatening and it isn’t resisting. On top of that, remaining motionless while being punched in the face (as it appears) is not realistic. I keep looking but don’t see a reasonable struggle by Octavius to warrant the cop’s response. In fact the cops seem pretty solid until he starts punching.
            Plus, if he was threatened wouldn’t he call out for help to all the cops running by?

          • SamTx

            He’s certainly not remaining motionless. Watch his right foot. He starts to move right as the cop appears to be talking into his shoulder radio. The angle is bad, so we cant see what his torso is doing. He waited however, til the police man was most vulnerable, only one hand and knee pinning, and when his attention wasn’t solely focused on the perp. The cop then responds to re-secure whilst yelling “don’t move, I told you.” The hits are to shock and subdue as he re-pins with 3 points of contact (2 knees and his right hand) then resumes on his radio. Study the body language of the officer before and after. The cops running by wasn’t until the officer had him in a more secure hold. Put on some headphones, put it on a big display, and watch again and again. The video quality is crap, but the evidence is there.

      • Todd

        And what about the deletion of this man’s video (destruction of evidence)?

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          It just happened. Do we know for sure that the video was deleted? There is nothing in Carlos’s comments or the news articles that states the video was deleted.

          • Todd

            That’s either me misreading one of the final lines of Carlos’ article or was from a separate news article I confused with this one while commenting. That’s my bad on that.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Figured it was something of the sort – you’re usually pretty accurate. :)

        • SamTx

          It’s probably being held as evidence by internal affairs… We shouldn’t be so quick to jump to conclusions. It’s evidence in an ongoing investigation.

    • Sick of stupid people

      Yeah thats gonna solve all the problems….. you are such a waste of space!

  • IKE

    Hmmm well if we keep training Cops to behave like military, THEY WILL USE THE TRAINING, EVENTUALLY AGAINST SOME ONE YOU LOVE FOR NO GOOD REASON. The more the Constitution is ignored by law enforcement, the more this will happen.

  • CoreyG/Texas

    Thanks for the article, We post links from your site OFTEN!

    We are covering Global and Western Corruption from both the inside and outside. As a former Army Intel and Employee of the Federal Reserve Bank and 4 others (U.S. & E.U.)in an IT Security (With DIRECT access to much of what you are hearing about) capacity I had some extremely eye opening and direct personal FIRST HAND experiences (No second hand conjecture here). Before the full extent of the corruption comes to light (As more whistle blowers come out of the darkness) the powers that be are frantically taking away our rights and placing Drones in American Skies and building massive spy and databases of people that speak up for their Constitutional rights. YOU may be on “The List” already.

    Follow us please for more info like this that all ties together in one location. Please contribute knowledge as well as strategy as we are the FEW willing to stand up and end corruption. We have been divided and conquered long enough. L vs R etc… to keep us fighting eachother and distracted from the REAL THREAT! It is time to no longer be a Debt slave to this current corrupt financial system. Let US all stand together and ignore the plots to divide us further.

    CoreyG/Texas

    FB Site: http://www.facebook.com/BankAndPoliticianFinancialCorruption

    – Reid v. Covert, 354 U.S. 1 (1957)

    “Treaties DO NOT confer powers NOT authorized by Constitution…”

    – “16 Am Jur. 2nd, Sec 177 late 256:

    No one is bound to obey an unconstitutional law and no courts are bound to enforce it.”

  • iamevolved

    In Omaha, we trust the gangs to protect us from the cops. Jackbooted assholes, the lot of them!

  • Dev

    I wonder if this was recorded using an “Obama Phone”? :-)

  • http://www.facebook.com/sean.williams.739978 Sean Williams

    What was the total number of officers that responded to this? Seems like nothing else was going on.

    • Gary Graham

      EVERY ONE THAT ENTERED THE HOME NEEDS TO BE FIRED!! AND THE COP WITH THE PERSON ON THE GROUND HITTING THE PERSON IN CUSTODY NEEDS TO BE CHARGED AND PUT IN PRISON!!!!!

  • Uncle_Meat

    We’re supposed to feel sorry for these fuckers when they’re killed? Who gives a shit? These peckers are all targets by their own making. Fuck all these cops and their chicken shit supporters.

  • jesus loves you!

    People need to grow some balls and fight back. Start taking some of these fuckers out. Or their bosses…

  • Ka Sahu

    This is Abuse of Power along with physical abuse!, Now so-call Authority is the Truth!!!! now, they are the Judge, Jury and excrucioner!!!, that’s abuse of power and then the physical abuse!!, it looked like the officers wanted to practising they moves on live victims and then we another abuse if power by the cover-up, false charges for the condition the victims when they bring them in to police lock up. Now we go to the next level of the process the police chife and his firends on the bench, where authority becomes the Truth!!!!, and sweeps it under the rug. We pay tax’s to make sure Truth is Aouthority!!!!! and the Truth is we the people are in trouble!!!, we now need to protect our selves from them!!!!, now how about that.

  • Bob Honiker

    Did they forget to shoot the dog?

  • MeOnDenman

    I called the number listed above. They sent me to 402-444-6916. They sent me to Internal Affairs at 402-444-5629.

    I wasn’t satisfied with the response there, but neither was I surprised.

    Please flood this number with complaints and concerns from around the world. I am in Canada

  • http://www.facebook.com/people/Robert-Denham/100000371403537 Robert Denham

    We need to form a peoples army so we can take these corrupted officers, or any other official, to our own systems and jails and hold them responsible to the fullest extent of the law with in the walls of the New Peoples Army. With out a peoples army the government and their bullies can do what ever they want, because their superiors will simply suspend them WITH PAY for the day and they’ll be right back on the street abusing more people.

  • Kenneth Bankers

    As of 1:53 pm CST Both the Omaha police department and the Douglas county Sharif are stone walling any information on this incedent. I will be heading to Omaha some time this week and filing a public records request with the courts. More to come.

  • Lee

    This is just another instance of cops abusing their power. I don’t see why there are at least 20 cops for two men. They did break the law when they ran into that mans house because he wasn’t the one being arrested he was just a bystander and had done nothing wrong for them to chase him. I give props to the guy that recorded this because I’m pretty sure the other guys phone has been destroyed or the video deleted. The only question I have is was the original man resisting? If you watch when the cops puts him up against the truck it looks like the man is trying to pull away from them. Also if he wasn’t resisting why did 3 cops seem to be having trouble holding him down. Now I get to the part where you could clearly see the one cop holding him punching the man in his face. There is never a reason to punch a handcuffed man in his face. That was BS. I think it was a complete over reaction on the police’s part there was no need to have 20+ cops show up for this kind of arrest. I’m sorry but you can clearly see everything the police did wrong in this video and if the “investigation” is conducted and none of this officers are disciplined for their actions then there is something seriously wrong and if I were the family I would sue them.

    • VolvoDriver

      Why were the police called to this residence, when all that was happening was a car with expired tags was being towed? It’s because the punk who got arrested was threatening the tow-truck driver. I live in Omaha, near this area. This is by no means the first time this “family” has run amok of the law, and will certainly not be the last. All of you ignorant police bashers need to put a sock in it. You have absolutely no idea what you’re talking about.

      • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

        So what does that have to do with 1) arresting the videographer, and 2) repeatedly hitting the arrestee on the ground?

        And before you think it, I’m not a police basher. I was a cop for over 20 years, and got my start in a whole lot rougher neighborhood than Omaha. Even if I was willing to concede that the officer was right in taking the first subject down to the ground, there is no excuse for the repeated fist strikes. None. There were other officers present who could have assisted if necessary.

        As to the videographer, what law did he break? I didn’t see him create a disturbance. Assuming for the sake of argument that the officers had a valid reason for arrest (and that’s a long stretch), there is not an issue of entering the house without a warrant. But to enter the house under the hot pursuit doctrine, there has to be a valid grounds for arrest in the first place.

        Finally, just WTF do you think you are to tell people that they have no right to comment on this? Jesus you ain’t.

        • VolvoDriver

          You’re full of crap, and you’re not an former cop. You’re a blowhard that’s hiding behind his computer monitor.

          The bottom line is that neither you, nor all the other idiot blowhards commenting on this, have the slightest clue what preceded the video. And you have no idea what was being said to the cops.

          I know this “family.” They’ve been in trouble with the law for their entire lives – and will continue to be nothing but parasites. Maggots. They’re the epitome of the reason real cops (not make-believe cops like you) are always so pissed.

          So go ahead and comment. You’re only making yourself look stupid.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            I can assure you that I was a police officer for over 20 years, and am
            currently a law student, and can verify both of those facts. I don’t have a problem with sending a copy of my police license and POST training record to Carlos to verify it, provided he, as a journalist, gives me an assurance of confidentiality.

            I don’t care what the family has done in the past, and it has no bearing on their right to be free from abuse. Every decent officer I have known feels the same way–there is simply no excuse for repeatedly striking an arrestee that is down on the ground.

          • VolvoDriver

            Just stop posting BS like this. You’re just another keyboard warrior who is blathering on about a video he saw on an anti-cop hate site. You have no credibility whatever.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Make me. Like I said, WTF do you think you are? You don’t run this blog, and you don’t control who can or cannot post here. If Carlos doesn’t want me to post, he’ll tell me.

            You telling me not to post? Thank you for your input. I’ll give it all the consideration that it is due.

          • VolvoDriver

            On second thought, just go ahead and keep posting your dithering BS. It’s you that looks the fool. Be my guest.

          • Kenneth Bankers

            Hate to tell you Volvo that i to lived in the area and know the family. no this isnt the first time they have been in trouble but this time the cops did go over board chasing the younger brother into the house. As for the other cop PUNCHING A PERSON IN CUFF ON THE GROUND is illegal as all hell. I do happen to know what happened befor the aresst and video. My sister in law lives in the neighborhood. He was yelling and last i heard that wasnt a crime. He was pissed but you would be too. Now get your ass off of your high horse and get the facts befor you spew your intollarent BS. Every one is intitled to their OPINION by the first amendment. In my OPINION i saw your the one who has the issue with people assuming they have rights that are guarented by the peices of paper that our for fathers handed us with the laws they have set forth for us to follow. ( yea i know i cant spell properly when i am tiered).

          • VolvoDriver

            Excuses, excuses, excuses.

            It’s people like you that are the reason punks like these are always breaking the law. You do nothing but make excuses for them.

          • Neoconhater

            Listen up chump, if you’d actually watched the video before posting all you’re silly bulltripe you’d know who was breaking the law during this incident.

            But instead it’s pretty clear you’re drooling ignorance, just watch the video…chump.

          • VolvoDriver

            “Chump.” Hahahaha – “awesome – dude.”

            – Tell me why the cops were there in the first place.
            – Tell me what these career reprobates were yelling at the cops. Threats, perhaps?
            – Tell me what happened before the cell-phone video began.
            – Tell me why these parasites all already have mug-shots with the police.
            – Tell me why they’re driving unlicensed, uninsured cars, and doing so on suspended licenses.

            I live here. You, on the other hand, are just another anonymous blow-hard that is as ignorant as these parasites are worthless.

          • Neoconhater

            -Tell me why you’re such a drivelling bigot.
            Some schmuck defending these dirty cops is the definition of ignorant.

            You’re dumber than a hockey puck.

          • VolvoDriver

            You’re a pathetic panty waist. Get your nose out of these career criminals’ butt-holes, and start THINKING. The fact that you hate cops (undoubtedly for personal reasons) does not mean they are automatically wrong, and parasitic criminals are always right.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Don’t feed the troll guys.

          • VolvoDriver

            “Hey all you fellow pussies – we need to circle the wagons!”

          • Kenneth Bankers

            Realy people like me HUH? i happen to like my freedom I would assume you do to but then again you are proving to be a kowtowing little boot licker. And i can tell you he was yelling threats NOT ONCE DID HE LAY A HAND ON THE DRIVER. Did he? SO there was no crime. yes the police where called and i am very sure that 2 cars was plenty to let the tow truck driver to do his JOB. and if there was an issue with regestration and such and he was CAUGHT DRIVING then yes he should be hauled off. Those things must be PROVEN IN THE COURT OF LAW. Not judge dredd style on the street.

          • VolvoDriver

            Kowtowing little boot licker? That must make you a career-criminal’s ass sniffer.

            There will be due justice that decides these matters, not a bunch of internet warriors. Go back to Opinionland…

          • Guest

            You got your tongue stuck so far up authoritarian blue uniformed ass you can’t even taste the shit anymore.

          • VolvoDriver

            Really Greggy? Seriously? That’s the deepest thoughts, and most pointed insults, you could come up with? Seriously? You must be a really stupid person.

          • Guest

            You’ve got me. Ouch!

            “You must be a really stupid person.”

            That’s a much better insult. I can’t ever hope to match that kind of wit.

          • VolvoDriver

            It’s not wit. It’s a statement of fact, Greggy.

            Since you have absolutely nothing intelligent to say, why don’t you just shut up?

          • TheButterThief

            In the meanwhile, you have loads and loads of credibility.

          • http://disintermedia8.wordpress.com/ FlatBaroque

            What a an amazing use of public resources. To Protect one another, and To Serve the highest bidder.

          • Turnkeys

            The simple fact is that it doesn’t fucking matter what preceded the video. Nor is the family’s legal history in any way relevant. When are you going to go away?

        • Dana King

          That is clearly thug-like gang behavior by the police. This type of JBT behavior needs to stop!

          • goodselfme

            No matter what these men did, the cops have no right to treat them inhumanly! Fortunately someone recorded these instances to pry open the eyes of the blind who refuse to believe cops behave like this. Terrible example of peace officers.

      • http://www.facebook.com/holly.hughes.798 Holly Hughes

        you are an ignorant azz…no one needs to be beat once down…hence the term….”Don’t let anybody beat you when your down”….Get in your Volvo pack up and move on!!!! You just may beat your wife and kids if you think just because this family has issues that it is OK for the police to do this…WOW…People like you need to be put in the same category as these police…you like brutality?????? Join a kick boxing club…boxing…who cares…and If the car was being towed because of the tags???? hummm are you the one that calls the police on this family that you say you know ALLLLL so well that gets in trouble all the time…I think you just may be the hater..eh????? are ya now???? I mean it sounds like you know all about them!!!! and you enjoy there pain!!!!! Dude!!!! You’ve got issues true, true true…go on to a shriek and work on them…cuz you need to get a clue!!!!!!!!!!!!

        • VolvoDriver

          Save it, you whiney-assed little loser. Everything was done by protocol, except for the one cop punching the guy after the others ran into the house. For that he will probably be fired. The rest of it? Save your sniveling crybaby rants for somebody who will listen.

          • http://www.facebook.com/holly.hughes.798 Holly Hughes

            LMAO@ your attempt’s to put me down…. Did you put your fingers in the shape of an L on your forehead as you typed loser with one hand…if so…good job at multitasking…. and the last time I checked there is no listening while you type…It is called reading….NOW get back to your phone and keep calling the police on your neighbors….I bet they give you that 50 dollars for a reward…I hope all your other neighbors have their camera phones ready ;-)

          • VolvoDriver

            YAWN. You crybaby police haters are pathetic.

          • http://www.facebook.com/holly.hughes.798 Holly Hughes

            Two Of my friends from High School are police… They do NOT abuse they Privilege…And go to bed, if your tired. I do not need your breath coming truth the internet….

          • VolvoDriver

            You don’t make any sense at all. Pretty much the same as all the rest of the losers on this pathetic site.

          • http://www.facebook.com/holly.hughes.798 Holly Hughes

            Sorry about your problems understanding people….

          • VolvoDriver

            Oh don’t worry, I understand people. And I know pathetic when I see it.

  • Duncan

    Steroid mutants always act this way.

  • $11448423

    I work in corrections and personally do not like criminals.
    That being said, these cops are nothing short of NAZI, GESTAPO, BRUTAL PIGS.
    What in the name of GOD gives them the right to behave in this manner?
    I have consistently witnessed more professionalism from corrections officers who are new rookies than these abusers in this video could ever hope to demonstrate.
    I can tell you one thing. If I was their chief of police, I would do everything in my power to fire the asses of each cop who initially chased the man into the house, as well as the cop who demonstrated unprovoked violence against the man who was grabbed and thrown to the ground.
    I have always HATED COPS. This hate stems from what I witnessed when I worked in an emergency room in a major metropolitan emergency room when I was younger.
    Nobody can ever tell me that cops are not power hungry, vicious, brutal pigs. I have repeatedly seen the damage they do to people.
    If people in corrections can manage these same criminals without resorting to violence, as we do in my state, then these officers should certainly also be able to do so.
    FIRE THEIR WORTHLESS ASSES!

  • Haeshu

    Without this video recording, the officers who were beating on that guy would have testified in court and under oath that this guy was resisting. The jury of his peers would have convicted him in 20 minutes because many American mistakenly believe that cops tell the truth.

    Next time you are on a jury, you NEVER convict on the word of a cop. If the prosecution doesn’t have videotape, eyewitnesses AND DNA, you simply DON’T convict!!! There are many innocent people in jail because jurors are in a big hurry to go home at the end of the day. But don’t! It isn’t fair to give lying cops and overzealous prosecutors the opportunity to ruin lives. It only takes ONE juror to get a case thrown out. Just one! Be the one to say, there is no evidence except what these cops say and many of them lie. Stand up for freedom! Keep repeating the arguments of the defense to the other jury members. Or say nothing at all and let the jury be hung and the case dismissed. Never convict on the word of a cop. Demand REAL evidence people!!!

    This is how we change the system, one case at a time.

    • http://neville6000.deviantart.com/ Neville Ross

      Next time you are on a jury, you NEVER convict on the word of a cop. If the prosecution doesn’t have videotape, eyewitnesses AND DNA, you simply DON’T convict!!! There are many innocent people in jail because jurors are in a big hurry to go home at the end of the day. But don’t! It isn’t fair to give lying cops and overzealous prosecutors the opportunity to ruin lives. It only takes ONE juror to get a case thrown out. Just one! Be the one to say, there is no evidence except what these cops say and many of them lie. Stand up for freedom! Keep repeating the arguments of the defense to the other jury members. Or say nothing at all and let the jury be hung and the case dismissed. Never convict on the word of a cop. Demand REAL evidence people!!!

      Kinda wished that what you just mentioned could have happened in the case of Peter Watts. Sadly, it didn’t.

  • Novi

    Publius Federali: Your analysis of this video and story is no less than perfect. Thank you for putting it into words. Yes, I knew everyone of those guys in high school, though decades before these guys were born, and hundreds of miles from Omaha. The two worst psycho bullies on the block where I grew up became city cops. Biggest bully I ever knew in the Army became a sheriff’s deputy. The impending police state is bringing out the worst.

  • Doug Paterson

    It’s fun reading “Difdi”‘s obsessive comments. He has registered as one of Omaha’s true Brownshirts, screaming “get under the lash they have made for you so that you can be free”. Difdi is proud of his deep research into Wiki and his thorough knowledge of the fascist conduct books put out in Europe in the 1930’s. He’s read them all! He knows who the authority is! It is the cops! It’s the guy with a gun! It’s the one willing and able to explode violence all over you if you don’t cower before the authority of his state — the rich, white, male, straight, Christian state! So if you don’t have a “membership” (Difdi is such a dork. . . .) in one of those supremacist categories he blathers about, then you had better just let the cop throttle you or take your camera, or dump your wheelchair, or gas your relatives — because that’s the civilized society “Difdi” is offering us. All Honor to Authority!

  • trebor ozal

    They better be careful on whos house they charge into with out a reason or warrent…

    • http://twitter.com/SteppingShadows Stepping On Shadows

      They are like Muslims. They fantasize about dying in “the line of duty”. They also fantasize about avenging their fallen “brothers”.

      It’s very hard to fight crazy of this magnitude.

      • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

        You’re nuts. No officer fantasizes about dying in the line of duty, nor do any want any other officer to die.

  • Booboo

    I know a skinny 22 year old girl who was tackled, hand-cuffed and sat on by two big cops for getting locked out of her friends apartment in the middle of the night. She could barely use her arm for over two weeks.

  • Robbo Da Yobbo

    BBBULLLLSHIT !!!! arrest all those dodgy cops… and WHAT A WANKER… don’t call me SIR… FUCK OFF PIG CUNT !!! is that better ???

  • http://profile.yahoo.com/K6T52DPNEZKVI42LXL77KOYS5I brian

    The man getting arrested killed an innocent clerk at a 7-11. His ass better get slamed and fucked up.

    • http://twitter.com/SteppingShadows Stepping On Shadows

      That’s not for the police to decide. It’s the reason we have a judge and jury system. Mecca may be a place you’d enjoy to live in, but not me.

  • Mike Anderson

    so sad, that L.A style police work is in the small ass state of Nebraska. The man they had on the ground is lucky he didnt end up like that homeless man a few years back in LA. beat to death and doing nothing wrong.

    I will always have my cell phone ready to record and it has a lock on it. and the funny thing about it is, Even if a cop were to take it, they couldnt destroy the film, god i love smartphones.

  • http://www.facebook.com/holly.hughes.798 Holly Hughes

    WTF…….I hate this….makes me sick to my stomach…did you notice at about the minute 3:01 the cop starts hitting him…I think they wrote that….who cares why they were called out there…I saw no fight….I am female…and I have lived in a small town and now a very large city…and this large city disgusts me…the police here need to get in check, that’s why I try to stay out of it and stay Beach side….and to have this in Nebraska….WTH…I would expect it here…about to go throw up!!!!!!

  • http://www.facebook.com/profile.php?id=100000173541874 Chris Schneider

    I can sleep like a baby after watching this video. I lived near rt.# 88 in Lakewood for four years, where gunfire was a constant, drug dealers were on every other block and people stoned fire trucks going to put out a burning building. It was a hellhole; the same punks who scream police
    brutality one day and would beat an elderly lady unconscious to get five dollars for drug money the next. And the white middle class mentality is to step over the lady in the wheel chair so they can blame the cops.

    • http://twitter.com/SteppingShadows Stepping On Shadows

      Ever notice that the more violent the police and Federal agents get, the more violent the criminals get?

  • JunkMail

    At least they didn’t shoot the dog.

  • http://www.facebook.com/holly.hughes.798 Holly Hughes
    • http://www.facebook.com/holly.hughes.798 Holly Hughes

      oh darn….didn’t show up… ;-) whatever

  • bicyclist11

    All it takes is one more angle to ruin everything.

  • 111111

    yo dawg heard you like filming cops so we had someone film some cops while being filmed by someone else filming cops so you can film cops while you film cops

  • Anon

    I’m not an American, thankfully, but I do have a question for you. Why are so many of your law enforcement nothing better than street thugs and gangsters. They are an absolute disgrace. You should all be so ashamed of them.

  • OmahaMark

    4 officers were fired over this. 2 others reassigned. The police chief acted quickly and decisively in getting this investigated and handled. There is the union appeal process yet to play out, but the chief brought the hammer down

  • Jon Morrell

    Every EMT, firefighter, first responders and the police, city, county or state all give an oath to the constitution of the United States, just like the military. It’s their duty to uphold that constitution. If in fact the day comes when our soil is attacked by a foreign nation with boots on the ground, they and any other able bodied man or women will become part of that well-armed militia. In fact our own military is prohibited from using that sort of force on our soil. So when foreign troops are called in to enforce Martial law it will be the end of America as we know it. There’s a group called Oath Keepers, everyone with a conscience should look it up. The fact that these bad cops on videos show that not everyone believes in the constitution. It will be up to you, me and everyone else who truly loves the country we live in to defend it from government tyranny! That GT is the local justice system, the feds, most certainly POTUS, HLS, TSA, FEMA, BP

  • Kenneth Bankers

    I can safely say i will be making a few phone calls of my own. I happen to live in the area. I had thought Omaha police where alot better then this. I have only ever had one problem with them and thats was delt with very quickly. I will try and keep Carlos updated.

  • Publius Federali

    Notice how these guys are nothing but cowardly thugs. It’s not until back up arrives that the first cop bothering the filmer has the guts to go chase him, with four pigs right behind him. Then at 3 minutes you see the cop beating on the original guy who is flat on his face, knee in his back and cuffed.

    We all know these cops. We knew who they were in high school. They are not human beings who can function in a civilized society. But they revel to live in times like these.

    Of course the real question we must ask is what is an “order” from a cop. We constantly see these police officers giving “order” on these videos. They even go so far as to explicitly state “I gave you an order.” But what does that mean? What authority do they have to give us orders? What responsibility do we have to treat them any differently than a criminal giving that same unconstitutional order? Does the fact that they have a badge change the nature of the order?

    Can an officer give you an order to stop filming? If so what is your response?

    Can an officer give you an order to let him into your house to have sex with your wife? If so what is your response?

    What is your response if you say no and he does it anyway? Are there levels of unconstitutionality? Who decides those levels? If we allow a lower level to be acceptable, doesn’t human nature dictate where the slippery slope ends? Are our rights absolute, and thus violation of any of them is equal? Is being alive but losing your freedom better than having your right to life taken?

    Would you rather live on your knees or die on your feet? It does not take a genius to figure out what is coming down the road when the average man can’t get justice through the system but bankers can launder drug money and not even get prosecuted.

  • $910553

    I had thought Omaha police were a lot better then this“???

    Surely you can’t be serious! With the Nebraska Information Analysis Center only an hour’s drive away in Lincoln, they are no better than pigs staffing similar Fusion Centers across this country. Omaha has all the FedPig toys DHS has to offer, and Omaha “Law Enforcement” has the same mindset as the REST of the Blue Wall who have fallen under their charms.

  • tiny

    and please, keep us all updated, i would also like to know what the outcome is from this BS!

  • http://www.ajgraves.com/ Aaron Graves

    I live in Omaha, and would be interested in finding out your progress.

  • kmacarth

    I think I counted 11 squad cars, but I lost count of all the uniformed officers. Holy cow… slow day in Omaha.

    I wonder what happens when a real crime happens?

  • NorthoftheBorder Gold

    Does the FBI never investigate these crimes??

  • NorthoftheBorder Gold

    This is why Americans need guns!!

  • http://www.facebook.com/KLFM3 Kevin Marsh

    That’s ridiculous. How many cops do they need for two unarmed men? Blatant brutality and attempt to suppress. Keep those cameras ready!

  • Richard Matthew

    Sure he will get to the bottom of it Did you ever see it snow in July ?

  • lost soul

    I am so sick of seeing this same situation, I was raised to believe the police were there to protect people not to be the attackers. How many cops are really needed for this? There seems to be more and more corruption in government than ever before. I have so little respect for them, I know there must be some good cops someplace.

  • lost soul

    what a waste of money.

  • Civil War Looming

    There were at LEAST a DOZEN cop cars that responded to this, PLUS you can hear a helicopter hovering overhead. That makes almost 30 cops unquestioningly out to demonstrate to a verbally protesting unarmed man who’s boss. Indeed, can there be ANY remaining doubt as to where this is going to end up. Yugoslavia. TIMES TEN. Lock and load, hoochie-koo.

  • Jim Jesus

    Did anyone notice at the 2:56 mark the cop that still has the guy on the ground, looks around and then punches on the guy for no reason? Check it out!

  • Jim Jesus

    All because the cops over-reacted. They started all the chaos, the all just run following each other like Hyenas to the slaughter. No fucking idea why they are running, stupid trained monkeys.

  • annglover

    An “Officer Needs Assistance” call was put out, probably by the officer who went to the car. All of the police officers in the vicinity immediately rush to the site. I don’t see why it was put out, and I think the police officers who came later were probably pissed that their time was wasted and that they became involved in this. There is, however, a circling of the wagons that occurs. The later ones who rushed into the house probably thought that an officer was in danger in the house.

  • Jim Jesus

    Great post. I just posted about the unprovoked beating of the guy on the ground at the 3 :00 mark.

  • Ron

    Good point about the “order”.

    I am not in the army and you are not my drill Sgt, so what gives you the right to give me an order?

  • tiny

    thank you, i would not have been able to express it like you did. it all boils down to, what are we going to do about it, they have never, and will never correct it when they police them selves! never going to happen. when we start fighting back it the way it will stop! when they are put into PRISON, then it may stop!

  • steveo

    The only “real” order a leo can give is “you are under arrest” unless you are too close to an emergency situation like a fire or inside the police tape, close meaning 20 to 30 ft. Most everything else you can just ignore. If leos order you out of your car, the ACLU says that you are already under arrest.

    But, that said, please use your right to remain silent…. I’m going to dress up like a mime and film police and hand them a card that says, “Mimes have the right to remain silent.”

  • http://www.facebook.com/profile.php?id=100000181952705 Aaron Turner

    I agree with you this country is in trouable when we have police officers acting like this we have a problem.

  • VolvoDriver

    You’re an idiot. You’re defending criminals and vilifying the police – and all this despite the fact that you know NONE of the circumstances surrounding this incident.

  • Ragga

    If the people of Omaha are disgusted with this behavior, businesses can begin by refusing service to the cops who were being abusive.

  • over stupid people

    Your a fucking idiot.

  • tiny

    simple answer is, they have supervisors that are the same bullies that now deal with what the PIGS of today are doing. anyone think that PIGS will be held up to a higher standard then you and me. keep dreaming. when the PIGS deal with real life accountability they may stop this shit! till then the PIGS will continue doing anything and everything! they currently have a license to kill, i think! so what is the sheeple going to do? live on their knees, or wake up and take a stand?

  • LBrothers

    Cops live to escalate any situation. They want the thinnest excuse (and, if they don’t have one, they make one up) to tune someone up. Without their badges and guns, they’d be pissing their pants.

  • raythemixer

    I have seen snow in July.

  • Difdi

    I saw that too. Furtive movement, checking to see if he’s observed, then excessive force. But he won’t even be reprimanded for it, since it wasn’t a cop he was punching.

  • Difdi

    Define good cop?

    If you or I knew our business partner was committing felonies, and we kept quiet or helped him cover up the evidence, we’d be considered accomplices and/or criminal conspirators.

    But police don’t get considered to be bad cops until they actively do wrong personally.

    If the RICO Act were applied to the average big city police department, they’d all wind up behind bars.

  • Rob

    The only people that cops are trained to serve and protect are themselves. Make no mistake about that. I was brought up the same way believing that being a cop was a noble profession, and a few years ago I realized that it was nothing more than mass indoctrination when I tried recording a New Orleans cop arresting a kid. As soon as he threw the kid in his car, he came after me, snatched my camera away, deleted the video, then returned my camera. That was when I finally woke up, found this site, and realized that all these years I had been lied to. The truth is that cops are NOT our friends. It took me 30 years to understand that, but now I do.

  • zedge

    school yard bullies all grown up. They either become pigs or hopeless alcoholics or both.

  • tiny

    SPINELESS MOFOs, ALL OF THEM, YOUR 100% RIGHT LBrothers! bullies and thugs, all of them! ALSO what Timothy said! pigs!! big fat sloppy donut eating pigs!

  • zedge

    some day whole neighborhoods will put down their cameras, pick up their guns and dispense some Justus of their own and the police will have nobody to blame but themselves.

  • JsinHarm

    Yeah, good luck with that when you point that gun at a cop and 10 of them shoot you down.

  • Alan Bickley

    In an earlier time in Texas they said: One riot, one ranger. Now these psychopaths in Darth Vader gear assemble by the twenties and forties to do violence to the laws and to humanity. Sometimes, as we know, they use fire when their numbers are insufficient to give them courage.

  • Jefft90

    At the beginning of the video it appears that there is a female officer pointing a Taser? at Octavious.

    Beat down cop seems to direrct Octavious towards the truck and the female officer
    who backups still pointing Taser? at Octavious. Octavious then hesitates, beat down pushes
    him toward the female officer Octavious braces himself on the hood of the truck and beat down then goes in for the take down .

  • MikeUrban

    Bunch of cowards.

  • Matt Roach

    Also, let’s not forget about the Franklin Coverup. That’s one of the most evil things I’ve ever heard of.

  • annglover

    Not all police officers in Omaha; just some. One is too much,

  • http://www.facebook.com/jstrode07 Jason Strode

    You should file a citizens petition for investigation by a grand jury. Its your right as an American protected b the constitution and you will actually have the power of the courts to aid in the investigation rather than relying on the police to investigate their own. Generally you only need 3-5 taxpaying citizens of the county to sign a petition and affidavit of truth in order to summon a grand jury to investigate.

  • http://www.facebook.com/people/Jorge-Emilio-Emrys-Landivar/37403083 Jorge Emilio Emrys Landivar

    Real criminals are dangerous. Easier for these assholes to pick on normal folk.

  • http://www.facebook.com/roosevelt.randle Roosevelt Randle

    i counted 13 cop cars

  • http://twitter.com/MrMakanhoes Mr Makanhoes #Alien

    Nothing they seem to thin out….

  • Alex Masters

    It’s the 98.5 % of the bad cops that makes the 1.5% of the good cops look bad. These tax eating parasites should be fired immediately.

  • tiny

    Randal: i think, when we start chasing them, then it may stop this BULLSHIT! then they will make sure everything is recorded to protect the ass that belongs to them! I can see the Front Pages now! large group of concerned citizens chase POLICE down the street, and affect an arrest! for real though, the BULLSHIT MSM, would have these headlines, “terrorist group chase COPS down and beat the crap out of them, everyone was arrested after back up showed up!, more news at 11PM” and ill tell you all this, when this continues, the end will be, any person up against the wall, with no other avenue of escape, either fight or die. more cops will be getting the bad end of the stick when they figure out, they may have us out gunned, but we have them out numbered by at least 1000 to 1 or something pretty close to that, anyone have more precise numbers? it is not going to be pretty!

  • tiny

    Jorge: you got it exactly, get the easy target, like the THUGS they are! without the BADGE and GUN they are spineless MOFOs! nothing more nothing less!

  • Ron

    They see one start to run and they all start running.

    Seriously though, I thought there was a debt crisis – clearly this police department has HEAPS of money to splash around on cop salaries if they can spare this many.

  • annglover

    those who came later didn’t know what happened; they were thinking an officer was in imminent danger, as they got that call.

  • Reverend Xenakaboom

    In Argentina?

  • Ron

    Maybe they heard there was free donuts in the house.

  • Difdi

    To say nothing of paying out on 1983 lawsuits.

  • Difdi

    So who do you call when the police are the rioters?

  • Difdi

    What good cops? Aiding and abetting, accomplice, accomplice after the fact, criminal conspirator…all of these terms apply to the so-called good cops who look the other way for the bad cops. What good cops?

  • annglover

    I thought it was a gun, but it probably was a taser. I don’t know.

  • annglover

    These officers, of course, weren’t involved in that. That was a long time ago and most of these officers were young then. Probably kids. I’m not saying that nothing happened, because, sadly, I think it did. But not the present administration and police officers.

  • Rob

    The militia.

  • Steve

    Hey! The cops forgot to shoot the dogs in the front yard. They’re getting sloppy.

  • Lefim

    I have to disagree with the narrative. At the 5 second point one can see Octavious stiffen his arms in an attempt to pull them away when the cop was reaching to seize his arm to put on the cuffs. So the cop is justified in bull-dogging the guy down. Even if it didn’t start out as an arrest, cops can put the cuffs on to detain you for their safety. And seeing Octavious’ agitated state in the first five seconds around a car about to be towed kinda gives a clue what was going on before the camera rolled.

    About Juaquez yelling at the cop: “State v. Biondolillo,” citing “Colten v. Kentucky,” puts it that a citizen “may have a constitutional right to ‘criticize and observe police conduct,’ he has no parallel right to engage an officer or others in conversation at a time and in a manner that causes—or may imminently cause—a substantial interference in the officer’s duties during the course of a criminal investigation.” ( http://caselaw.findlaw.com/nh-supreme-court/1616738.html ) .

    Juaquez taking off running like he did when the cop approach him for the third time gave cops probable cause for arrest according to Illinois v. Wardlow. And United States v. Santana permits foot pursuit of a criminal suspect into the home if stopping to get a warrant would frustrate the arrest.

    I’ll take a wait and see attitude about any claims yet about footage being deleted until we hear from Juaquez. But in the meantime, if Juaquez just kept his cool and merely record any “abuse” Michael may had missed, he could present it to his lawyer.

    Now where is this lady in a wheelchair that got knocked down, unless this happen in the house?

  • rick

    Not quite. Listen at 3:33
    “Shoot that fucking dog!”

  • Alpha Kenny One

    You Pig’s SUCK!! That’ s my message. It’s time to eliminate the EVIL in this world and we need to start with the people we have hired to protect it!

  • Ronin

    How bad is it that I was waiting for that exact thing? Especially when I heard one of them curse about the dog growling at him.

  • Difdi

    Well, technically you’re mistaken. But only technically.

    Can you vote? Can you own a firearm? Are you male, between the ages of 16 and 45? Congratulations, you’re a member of a militia. An inactive, reserve member.

    A police officer is an active member, and can lawfully give certain orders to inactive members. But they can only give lawful orders, it’s a crime for them to give an unlawful order.

    Citizenship comes as a matched set of obligations and privileges. Don’t like it? Pass a law changing it or follow the established procedure for renouncing your citizenship.

  • tiny

    from my years, it is suppose to be a “lawful order”. that seems to have gotten lost years ago now. now its an ORDER! so let me see, what if i give the PIG an ORDER! do they have to obey? what ya think RON? think about it, your not resisting, what your doing is, “giving on order”! then let them ask you, “what gives you the right to give an order”! another thing ron, so the PIGS gives the order, stop that video, and your in public. you say then to the “law enforcement pig” what law you are enforcing?” what do they say then? what do they say?

  • JdL

    Juaquez taking off running like he did when the cop approach him for the third time gave cops probable cause for arrest according to Illinois v. Wardlow. And United States v. Santana permits foot pursuit of a criminal suspect into the home if stopping to get a warrant would frustrate the arrest.

    And what “crime” is Juaquez suspected of committing, other than contempt of the government thugs who won’t stop harassing him?

    Or are you one of those people who thinks that a criminal is anyone cops don’t like?

  • IKE

    that sounds like a bunch of police union BS technically.

  • Varuka Salt

    “Can you vote? Can you own a firearm? Are you male, between the ages of
    16 and 45? Congratulations, you’re a member of a militia. An
    inactive, reserve member.”

    Holy citation needed Batman!

  • Publius Federali

    First and foremost, you are completely wrong about the cops being active members of the militia, that is not what they are considered since they don’t do the job of the militia. They do the job of the Sheriff, which is the highest authority in any county. Unfortunately the corporations known as governments have created a private security force for themselves to take the place of the Sheriff, and the Sheriff’s posse, which is us.

    However, you have gotten to the crux of my post. If it is a crime to give an unlawful order then what is the punishment for that crime? Who prosecutes that crime?

    This blog shows these crimes being committed against us over and over again. Yet the answer to my questions above are that no one prosecutes them, and there is no punishment. Which leads to the question, is it really a crime if there is no punishment? If you consider it a crime, yet those in power will not prosecute such a crime, then what are you going to do?

  • Kansas

    And where did you dream up that theory? The Police enforce POLICY, put forth by POLITICIANS. Nothing “Lawful” about it. Where is a “Police Force” mentioned in the Constitution? They are not “Militia” they’re thugs and rabid dogs that need to be treated as such. Did you know American’s a 8x more likely to be killed by a punk cop than one of their imaginary “terrorists”? You are.

  • hmmm

    The entire point of a government and a Constitution is the philosophy of life itself. The point of laws is to protect the God given rights perceived by those who created this country. The very essence of LAW is to protect the rights of the individual and thus the rights of all. When they cease to fulfill that directive they are no longer serving the public.

    This is intent 101. If the laws in a culture are now benefiting a few and not the all then a system once designed for all is now serving a few. This is an Oligarchy. Further, if the power resides in the military than it has become a Totalitarian society.

    The obligation of the citizen is nothing more than to exist, hence why this country was a Constitutional Republic and NOT a democracy in it’s conception. The major difference? YOUR RIGHTS ARE UNTOUCHABLE.

    If your warped perception has lulled you into a state of obedience it is not through the proper use of law making that has changed this, it is the aftermath of living in a world constructed for the soul purpose of devaluing you and thus your rights.

  • Chris Shields

    the police dept is the corporate arm of city of xxxxx, there is nothing constitutional about them , and you my friend are full of shit ….they either work for us , or it is the other way around….

  • Yerkle

    so, when I turn 46, what changes?

  • darrenlobo

    Difdi, you & Archie Bunker think alike: America – Love It Or Leave It!

    I prefer liberty. We have the right to ignore the govt:

    The Right to Ignore the State

    1. The Right to Voluntary Outlawry

    As a corollary to the proposition that all institutions must be subordinated

    to the law of equal freedom, we cannot choose but admit the right of the

    citizen to adopt a condition of voluntary outlawry. If every man has freedom to

    do all that he wills, provided he infringes not the equal freedom of any other

    man, then he is free to drop connection with the state — to relinquish its

    protection, and to refuse paying toward its support. It is self-evident that in

    so behaving he in no way trenches upon the liberty of others; for his position

    is a passive one; and whilst passive he cannot become an aggressor. It is

    equally self-evident that he cannot be compelled to continue one of a political

    corporation, without a breach of the moral law, seeing that citizenship

    involves payment of taxes; and the taking away of a man’s property against his

    will, is an infringement of his rights.

    http://www.constitution.org/hs/ignore_state.htm

  • Brant

    under that logic no female has to listen to an officer. did you just pull all of this out of your ass? officers can give lawful orders to anyone. lawful. not anything they want.

  • sorval

    because i am male I am in some sort of hierarchal military org? um no. You just completely made that up. I am not, and neither is anyone else. You’re nuts.

  • FreedomIsNotFree

    Wow. Your comment, claiming LEO’s have authority over members of the UNorganized Militia, is completely ridiculous. You clearly don’t know what you are talking about. You use the terms “inactive” and “reserve member”. Those are terms used for the military, not civilians. Further, the Organized Militia is the National Guard, again, a military unit, not LEO’s. LEO’s are civilians just like the rest of us NOT in the military. Educate yourself before you make such ridiculous statements for the world to see. Read about the Dick Act of 1903, which clearly defines the Organized Militia and the UNorganized Militia.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Uh, that’s not even close to accurate.

  • AgTip

    Only on the smallest local level can we “pass a law” of any use to us. Any law of any real consequence is passed by a congress owned and operated by people who want to be “lords and ladies” and so allow themselves to be owned and operated by corporations.

  • Philosophy

    I don’t own a fire arm so I guess I am not a member of a militia. How than can I be given orders?

  • Shovel Driver

    A police officer is NOT a member of the militia when performing duties as a member of the police. Just as I am not a member of the militia when performing duties as a member of the military. Police are civilians we have hired to perform certain specified duties for us, duties which are constrained by constitutional limitations on government. We the people have delegated our personal authority to others, but as the Supreme Court ruled, delegation does not mean that we have surrendered our authority, and we can take back that delegation at any time. But of course the police and their enablers will say otherwise.
    Those who believe we are required to obey orders from police are wrong. But of course the police and their enablers will say otherwise. “I did what I was ordered to do” is a defense that was discredited – and made a crime – at Nurnberg, and that applies equally well to those who obey unlawful orders as well as to those who give them, even when those who give them claim to be “obeying orders given them by their superiors”.

  • steveo

    I’m not a big fan of videographers yelling or even talking to leos who are effecting an arrest. I know that yelling certain phrases and such should not be considered obstruction, but if you had to go to trial over this and the prosecutor showed the vid, you’d be convicted of obstruction because most jurors think just being there and not going back into your house is obstruction.

    And on a misdemeanor case like this if you got a jury it would only be six and the prosecutor would fight to get all white people over 65 on the jury. If a magistrate or county judge decided the case, you would be guilty before any testimony. You have the right to remain silent, use it.

  • http://thefreelance.tumblr.com/ Jeff A. Taylor

    The most important reforms that could be made:

    1) To be issued a badge and gun by any law enforcement organization you MUST have a four-year college degree. Give current officers 5 years to obtain one. Watch the meatheads melt away, but not without a fight.

    2) To be issued a fully-automatic weapon — or have access to mil-spec equipment of any kind — an officer MUST complete a military basic training course of not less than eight weeks in length. Right now we have yahoos with exactly NO training, or a few hours with a video, running around with an infantry’s squad’s firepower in their trunks for “tactical” situations. What does that mean? Situations where they are scared and angry, basically. Cannot end well.

  • john burton

    looks like every cop in omaha was there. dunkin donuts must have been empty. anyway, the dog got lucky.

  • Lefim

    JdL, you might take another look at the paragraph above the one you quoted about not interferening with the cops while they’re doing their job.

    Remember “[h]eadlong flight is not necessarily indicative of wrongdoing, but it is
    certainly suggestive of such.” You’ve been reading this blog long enough to know you don’t just run from the cops – or is your memory that short or your police hatred that long?

  • Michael Darrin Chaney

    “confiscating his phone” – that’s not “confiscation”, it’s robbery. Let’s start calling these crimes by their proper names.

  • $5860117

    I’m afraid you’re right about not speaking to LEOs who are committing violent assaults and other serious crimes. It’s dangerous enough to video them. Speaking to them is even more hazardous. You have to hope the video alone will convince them not to murder or maim their victim. Asking them to stop the assault is likely to escalate the violence.

  • http://www.facebook.com/holly.hughes.798 Holly Hughes

    your not in the south…it is Nebraska…Jesus….

  • http://www.ajgraves.com/ Aaron Graves

    Varuka, it’s call the Selective Service system. Every male must register. http://en.wikipedia.org/wiki/Selective_Service_System

  • Ronin

    He’s correct about individuals being members of the militia. You are by default. I’m not so sure about the command and control structure of a PO giving you orders.

  • Difdi
  • Name

    “Can you vote? Can you own a firearm? Are you male, between the ages of
    16 and 45? Congratulations, you’re a member of a militia. An
    inactive, reserve member.”

    Difdi

  • Frank Ney

    10 USC 311(b)

  • $5860117

    I have to agree with your definition of “tactical” situations as “any time police are scared and angry.” These “officers” are less fit than average citizens to have access to lethal weapons. They consistantly exercise poor judgement and lack of self control.

  • Vapemans

    15 cops to make an illegal arrests for 2 people? No wonder cities are bankrupt….

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    1) Are you willing to a) allow the officers go to school full-time on the city’s dime? Many don’t have any college, and to require a 4-year degree in 5 years is not feasible. b) Pay the additional salary required? You’ve just upped the standards, lowered the pool of available applicants, many of whom will have jobs offered at higher wages. To be competitive you would need to increase salaries. For example, in my area the average starting salary is $45K – you would probably have to increase that by $10-15K to $55-60K to start.

    2) Most patrol officers are not issued fully auto weapons. Typically only SWAT guys get those, and many times the “full-auto” is actually 3-round burst. They also go through extensive training prior to issue. At my old PD, they went through a basic course (60-80 hrs), plus extensive weapons training prior to issue. They also had to shoot expert with each weapon issued. The scared and angry comment is BS. Officers are normally excessively calm during the incident and don’t get scared and angry until later, well after the incident is over.

  • http://neville6000.deviantart.com/ Neville Ross

    Four years? Sorry, but society needs (and deserves to expect) five years, as dictated by the National Police Agency in Japan, plus what they expect for people wanting to become officers:

    Conditions of service

    Education is highly stressed in police recruitment and promotion. Entrance to the force is determined by examinations administered by each prefecture. Examinees are divided into two groups: upper-secondary-school graduates and university graduates. Recruits underwent rigorous training—one year for upper-secondary school graduates and six months for university graduates—at the residential police academy attached to the prefectural headquarters. On completion of basic training, most police officers are assigned to local police boxes called Kobans. Promotion is achieved by examination and requires further course work. In-service training provides mandatory continuing education in more than 100 fields. Police officers with upper-secondary school diplomas are eligible to take the examination for sergeant after three years of on-the-job experience. University graduates can take the examination after only one year. University graduates are also eligible to take the examination for assistant police inspector, police inspector, and superintendent after shorter periods than upper-secondary school graduates. There are usually five to fifteen examinees for each opening.

    About fifteen officers per year pass advanced civil service examinations and are admitted as senior officers. Officers are groomed for administrative positions, and, although some rise through the ranks to become senior administrators, most such positions are held by specially recruited senior executives.

    The police forces are subject to external oversight. Although officials of the National Public Safety Commission generally defer to police decisions and rarely exercise their powers to check police actions or operations, police are liable for civil and criminal prosecution, and the media actively publicizes police misdeeds. The Human Rights Bureau of the Ministry of Justice solicits and investigates complaints against public officials, including police, and prefectural legislatures could summon police chiefs for questioning. Social sanctions and peer pressure also constrain police behavior. As in other occupational groups in Japan, police officers develop an allegiance to their own group and a reluctance to offend its principles.

    Conditions of service for police in Japan

    Only when we get this type of set up in North American police forces (I say North American because Canada also has shitty cops, as shown by a recent incident involving an autistic boy in Newfoundland and other similar incidents involving police in Canada) can we say that cops are to be trusted.

  • Doo Doo Cachoo

    I woulda had my gun ready and as soon as all those faggots ran up in my house they woulda started droppin like flies… trespassing illegally, dumb ass cops

  • holland

    There is a old song by NWA… F* the police… Nothing has changed since way back!

  • jason

    Shoot a cop save a victim

  • Stanley Hill

    Funny thing is that this goes on every where daily and nothing is ever really done! Yea these cops will be fired maybe charged and fined, being police they should be held to a higher standard and punished to a higher standard if they break the law which they are sworn to uphold. Maybe if police and other public officials were guaranteed the max punishment for whatever crime they did, they would be less likely to commit those crimes in the first place!

  • Francisco_dAnconia

    And what case law permits deletion of video footage? The striking of a restrained suspect?

  • JdL

    Poor pathetic cops! Of course, “doing their job” is shorthand for doing whatever the F*** they feel like.

    You’re right, though: Juaquez shouldn’t have run from the cops. I have another, more appropriate reaction in mind.

  • http://www.facebook.com/DrumLoc DrumLoc Bratski

    Ummm Fuck the police.

  • Jimmy Cracks Capricorn

    Fat, disgusting, pigs in uniforms with badges, guns, and tasers. Look at how they all run up like this gang of chumps “…gonna get me some ass to whip!…”

  • youreanidiot

    can u read? theres a reason cops stay out of the projects…. LOL

  • Thez

    Eventually people won’t give a shit anymore.

  • HpPavilion22

    no they shoot 2 old ladies delivering newspapers on the block 39 times

  • FreeCitizen

    With every day which passes, and every new video of abuse of citizens by police, I’m beginning to feel a little more sorry for the ordinary people of America. Your ‘land of the free’ is becoming a cage, and it is in this cage that your children, and their children, will spend their days…

  • iceboxjones

    You notice that the cop that has the man down in the street, starts punching the dude in the head multiple times after the man ran inside?

    AT 2:58 That cop waits because he thinks he’s no longer on film!

  • Tommy Lewinsky

    no, it sounds like birther nonesense… I am sure you would feel differently if it was a white neighborhood or if it was your house that was violated.

  • Lester TheRockingHorseGuy

    There ARE good cops out there. I’m not saying they’re in the majority, not by a long shot. But I know some personally that are sickened by this, one went so far as to quit the force, and go looking for something more honorable.

  • Sabre

    Must have been a lot of doughnuts in that house.

  • Westsider50

    What God are you talking about? Prove there is a God and THEN and ONLY THEN can you speak of something as “God Given.”
    Nowhere in the US Constitution, the source of all Law in the United States, is their any mention of “God given rights.”
    No where.
    Rights are derived from the consent of the governed.
    Where does this lunacy come from? God gave you the right to have a gun? Can you prove that? Where in the Bible does it say that God gave you the right to have a gun? And where in the US Constitution does it mention that the Bible is the source of US Constitutional Law?
    The Declaration of Independence is NOT LAW!! It is an act of rebellion against the legal authority in the Colonies – the British Crown.
    It is tiring to have to listen to this idiocy day in an day out.
    Such stupid whining about “God given rights.” So idiotic….

  • hmmm

    They are brainwashed victims of a society who’s morality and values have been mutilated by a social quo established by those with the power to influence thought.

    Most of those cops were sold on the idea that they would be law enforcement serving their communities. Remember, they have the same fear we all have…

    To be cut from the umbilical cord of the system.

    The problem is they require money to survive and since they are given just enough to have a comfortable lifestyle than their choice is between causing you pain or their own. However, these set of “choices” were not up to them. The root is where the morality and values of this country were engineered.

    *points to the shadows* Follow the money

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    So how’s it robbery? Show me how it meets the elements of the offense.

    Oh wait. Nevermind. I forgot that you think that charges against officers can be made just because you feel like it, that you really don’t need to meet the elements of the offense.

    Exactly like what you complain that the police do.

    Except of course, it’s different.

    Yeah.

    Sure.

  • Ronin

    I caught that too. I notice one of the initial cops walks to the car in the center, looks to the other cars arriving, then bolts to the stairs as the camera wobbles. The cop restraining the man, all alone on the ground, looks towards the newer cars and as they approach, then begins pounding on the restrained man and making a show of a struggle.

    At least from this perspective.

  • Difdi

    The agency responsible for investigating color of law abuses is the FBI. There are even fewer FBI agents per 100,000 police than there are police per 100,000 citizens. As a result, the FBI usually doesn’t get involved until a pattern of behavior emerges, which means individual criminals in the police force usually go unpunished.

    http://www.fbi.gov/about-us/investigate/civilrights/color_of_law

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    “[C]orporations known as governments…” sound suspiciously like sovereign citizen BS.

    Since the so-called sovereigns completely misread the law, I would take any advise with a grain of salt.

  • Michael Sievers

    It does not matter what the circumstances are. The cops violated both the victims rights and the law they pretend to protect. THAT IS ALL THAT MATTERS.

  • http://twitter.com/MrMakanhoes Mr Makanhoes #Alien

    Do you live in omaha? Do you know how the cops act in this town? Have you not heard about Robert Wagner? These “Criminals” are guilty of invalid tags… if a sticker on a car justifies this sort of being then you should be behead for your level of stupidity.

  • Publius Federali

    Why are you even at this site? Are you part of Obama’s cyber security force?

    How about you go read the Constitution and the Federalist Papers and then I will let you talk to me. Until then you are just an ignorant sheep who is abusing his right to have an opinion, and in so doing makes certain that everyone who hears his opinions knows he’s a fool.

    Of course the fact you drive a Volvo also tells us that.

  • Stunt Man Mike

    so what you’re saying is that, what you saw on this video is acceptable behavior by the police? We should be defending their actions?

  • VolvoDriver

    …according to you.

  • tired of stupid people

    You sound so stupid!

  • TheButterThief

    And according to the video, smart guy.

  • Brant

    did you watch the video?

  • VolvoDriver

    According to what you see on that video, but don’t hear. And you don’t see what preceded the video. Why do you geniuses think the cops showed up in the first place? Guys get their cars towed all the time, and don’t get the cops called on them.

    Grow some brains in those heads of yours!

  • TheButterThief

    Well, what we see AND hear in the video, plus witness reports. But all of that means nothing, right? Because what we see in the video is a completely reasonable show of force, and not an insane waste of time and resources. And cops certainly never lose their cool, then lie about it afterward. Right?

  • Brant

    What an idiot. Read the article and watch the video. Cops acting as cops act, getting away with whatever they can.

  • SamTx

    It’s obvious that most people here do not like cops nor thinking objectively. The video post and writer of article claims abuse, and everyone here is like “she’s a witch! Burn her!” Thinking and analyzing requires more effort than just reacting.

  • Brandon Rinebold

    What we don’t see on this video does not justify violence in excess of what is required to subdue the person they’re arresting. If he killed 42 grandmothers and raped their corpses right before this video, that still does not give the police the right to use unnecessary force to arrest him and does not give them the right to arrest bystanders for recording video in a public place.

    Please explain why the following were required in order to arrest this person:
    0:05: Man walks toward the car and places one hand on the hood. Both feet are on the ground and his other arm is in front of him. The cop’s response to absolutely no violence from this guy, instead of placing his hands behind his back and handcuffing him, is to drag him to the ground in a choke then punch him in the face at least 4 times. I’ll admit that if the choke had been warranted, then the punches were probably a necessary follow-up but I can’t see any indications of violence from this guy on the video.
    2:15 On arrival of the second car, an officer immediately chases someone who appears to be charged with loudly complaining about the police’s actions. It is *possible* that he threw something during the seocnd he was off-camera but why would he have waited until he heard other sirens coming to throw things at the cops?
    2:23 Cops run into a home without a search warrant. Unless the person they started chasing at 2:15 has committed a crime or has an outstanding arrest warrant, then this is illegal.
    2:50 The tow truck guy stops looking at the towed car (in the direction of the arrested man) and gets back in his truck. The cop on top of the handcuffed guy starts looking around until 2:57 The cop sitting on top of a handcuffed guy decides that he has become enough of a threat to need 3-4 more punches.

    Whatever precluded this video is legally irrelevant to what occcurred within it. The only relevant discussion here is whether the force used by the cops in this case was necessary to arrest him and whether the second person commited a crime he should have been arrested for. People with a criminal history do not lose their civil rights.

  • VolvoDriver

    Witnesses – all of whom “happen to be” family members, and part of a family that has been in trouble with the law for DECADES.

    Has it even crossed your mind to wonder why NONE of these wonderful law-abiding good citizens were at work on a Thursday? As a neighbor, I can tell you why – it’s become NONE of them work. They never have, and they never will.

    Has it even crossed your mind that every one of these punks is driving a vehicle that is not only not licensed, but not insured?

    Has it even crossed your mind why the tow-truck driver called the cops on these thugs?

    I didn’t think so…

  • VolvoDriver

    Yes, I live in Omaha. Do you?

    I live in the neighborhood where these reprobates live. Do you?

    I know what they do, and don’t do, on a daily basis – and how the entire family has lived for decades. Do you?

  • TheButterThief

    So, you’ve crossed into straight-up insane territory here. Anyone who doesn’t work on a Thursday must be a criminal deserving of an ass-kicking from a cop? Likewise for having an uninsured, unlicensed car? What’s your fucking badge number, you lunatic?

  • cvbzxhb

    you are not their neighbor please go away with your ignorance man

  • Brant

    spot on man, they are unemployed, so the cops should beat them at will. haven’t seen a single person here saying these are stand-up guys, just saying they are guys that should be able to exercise their rights without being beaten. you honestly believe people should be treated by the police based on their socio-economic background?

  • Stunt Man Mike

    I live in Omaha, I know that area and you ain’t no Volvo driver if your crib is down there. Here’s a new name you should use “iamatrickassmarklyinbiotch”.

  • Jude I⚡caяiot

    It crossed my mind that maybe they had night jobs, personally. I don’t like to make assumptions about people’s jobs based on what hours they may or may not be home, because I don’t have any facts other than that to say anything.

    However, I have facts about this video – the cops threw some guy on the ground without provocation, and then they chased down another guy for filming it. Whether or not either of them work is moot. Whether or not they have criminal records is moot.

  • http://www.facebook.com/people/Phillip-McDaniel/1176265924 Phillip McDaniel

    On the point of licenses and insurance.

    The state forces the individual to pay taxes which pay for the roads. Then like a sick crime lord the state requires the individual to be licensed, inspected, titled, tagged, and insured for the privilege of using that which he as been forced to pay for at the point of a gun. If you doubt it’s at the point of a gun that taxes are collected I suggest you quit paying taxes, after all the state is so nice and all.

    Not having a license is a heroic act as far as I’m concerned. No subject of the state (yes we are subjects, not citizens) should be forced with the threat of liberty and life to pay for that which they are banned from using.

  • Tommy Lewinsky

    sounds like you know them personally… so, how objective is that?

  • http://twitter.com/MrMakanhoes Mr Makanhoes #Alien

    Any cop that does not expose a wrong doing by another cop is a bad cop… and sure a few cops will rat someone out but then be forced out cause no one will partner up with them… so in logic all cops are bad cops… cause they have to be or they cant have the job..

  • VolvoDriver

    Awww, poor baby doesn’t like logic? Poor baby doesn’t like being told – by a neighbor of these parasites – that his idiocy is dead wrong? Poor baby doesn’t like having it pointed out that he has no clue what he’s talking about? Badge number? I’m not a cop, sorry. I’m just a citizen who lives in the area, who is sick of sub-human parasites like these people – and sub-human trolls like you defending them, even though you haven’t got a clue.

  • VolvoDriver

    Just shut up, and stop trying to defend your cousins.

  • Michael Darrin Chaney

    From Wikipedia:

    “Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear.”

    Of course different states have codified it differently, but we have the elements here – “take something of value” “by force or threat of force”. That’s exactly what happened. I suppose you’re going to argue that they thought they had some statutory authority to take the phone, right? Because in the absence of such legal authority taking something be force or threat of force is (altogether now) robbery.

  • http://twitter.com/MrMakanhoes Mr Makanhoes #Alien

    How is this not robbery if not armed robbery? More like im going to “confiscate” this because it has evidence of a officer doing something wrong that i dont want to get out to the world… Just like if they would have seen the dude recording in the house they would have busted in and taken that footage as well…

  • SMM

    That’s all you got? I guess by your name that you must have felt you weren’t a big enough azzhole, so you’re gonna be a lawyer too. GFY!!

  • VolvoDriver

    Do you have a problem with the kind of truck I drive, tough guy?

    The more appropriate question is why are YOU on this site – other than to spew your inane stupidity?

    I would ask you if you’re stupid enough to believe everything you see on the internet, but I won’t bother. I already know the answer.

  • sick of stupid people

    Says the guy driving some shit box who is suprised they get pulled over for having a tail light out, and suprised when the cop hauls your low life ass to jail after runnig your mouth and finding god knows what in your car.

  • Jake Smith

    Do you see the irony in coming in here and calling people criminals admitting not knowing what happened before the video Volvo? You really made yourself out to look like an idiot. Good job. Maybe wait until the dash can footage comes out before you make yourself out to be a fool.

  • Yerkle

    Could you please elaborate about how these people are parasites? I understand that you live near these people and understand them. The video looks terrible for the cops, you must admit. I know you follow lots of rules and your neighbors may not, but do you think that the physical violence is justified? Because he had words with the tow truck driver? I know that tow truck drivers are ALWAYS upstanding citizens, and what they do could never be equated to theft… In fact, would a tow truck driver not be, by definition, a parasite in this instance? Thanks in advance, VolvoDriver.
    Sincerely,
    Dan Summerlin

  • Brant

    sounds like a racist low-life fed up with his living armaments. probably collecting unemployment himself after getting laid off for being incompetent.

  • Jude I⚡caяiot

    You drive a Volvo, ergo, you are a moron.

    I can do it too!

  • Brandon Rinebold

    The police and your neighbors believing you have committed a crime does not negate your civil rights. Even committing a crime does not do that until convicted.

  • VolvoDriver

    Have you even stopped to THINK about one important question: Why were the cops called there in the first place? You man enough to answer that question? They did NOT just show up. They were called there, because your good friend Octavius was threatening the tow truck driver.

    I am utterly amazed that all you ass-clowns – who know absolutely nothing about this incident, this neighborhood, or these people – think you’re experts in the law, because you saw part of a video. Amazing.

  • Publius Federali

    I suggest we all ignore the volvo driving fool.

    He’s clearly either a retarded cop (I know redundant), a paid government troll or most likely a six year old who guessed the password on his daddy’s computer.

  • Publius Federali

    You’re just a troll, my only question is if you are getting paid to do it.

    As I said previously, I don’t converse with fools and slaves. You now know where I stand. I know who you are, a fascist. You are my enemy and the enemy of any man who stands for freedom since you work for the government that oppresses free men. You are also clearly a racist, which is another trait of fools.

    Good luck to you. Remember, you can’t have a police state without police. Seig Heil!

  • VolvoDriver

    You are a simpleton. A complete fool. Yet another internet tough-guy who blathers on about situations he’s completely ignorant of.

    I’m glad you don’t live in this neighborhood. We have enough sub-human parasites – like you’re friends you’re defending – living here.

  • Publius Federali

    I said we were done little boy. Should I type slower?

    Oh, and there is actually a difference between “you’re” and “your” but they don’t teach that to get a GED.

  • VolvoDriver

    You can type any speed you want. The end result is the same: stupidity.

  • http://www.facebook.com/carah.tracey Carah Tracey

    looks like a hate crime to me.

  • http://www.facebook.com/carah.tracey Carah Tracey

    every single one of those ‘police officers’ should be banned, no questions.

    these are the people we trust??

  • Neoconhater

    Looks like??????

    YEP

  • Publius Federali

    Oh my god, you’re a pig. Ha. That’s what all the “internet tough guy” talk is about. If you could only meet me face to face you could show me who is really tough, with your plastic badge, gun you can’t shoot and clown suit. I laugh at you. I’m laughing my ass off at how angry you are right now that you can’t demand my respect. There’s nothing you can do about it you impotent high school bully. Piggy, piggy, piggy. Oink, oink, oink.

    Don’t you have tickets to write you glorified meeter maid. Oh, you’re also a criminal because your union bribes politicians to steal for your salary from hard working Americans.

    And the best laugh is me imagining the look on your face when you wake up one day and realize that your supposed pension that you stole from us is really not there.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Wikipedia is useless for determining what the elements of an offense are. It is different in every state, and you have to evaluate both the statute and common law (meaning court decisions, not the sovereign citizen BS).

    We’ve gone through this before on this blog. It’s not robbery or armed robbery, because the officer has no intent to permanently deprive the owner of their property. See State v. Lixey, 471 N.W.2d 444 (Neb. 1991) (defendant must intend to deprive the owner of the property permanently); Jones v. State, 166 N.W. 252 (Neb. 1917) (There can be no theft without a felonious intent upon the part of the person charged).

    Force or threat of force has no bearing on it if you cannot prove the intent of the officer to commit theft, i.e., to permanently deprive the owner of the property.

    I wouldn’t base any claim of crimes on Wikipedia.

  • Lefim

    Francisco, a police officer is allowed to use reasonable force to defend himself or to subdue a resisting suspect. This force can take the form of punches, but is more commonly done with a baton or taser. When Octavious allegedly tried to resist after being handcuffed by positioning his legs so he can apply leverage to throw the cop off his back (watch the legs after his partner had to run down Juaquez for his antics), he was hit with a “distraction blow” — a punch/open-handed strike combo police are taught to use in such situations. As Carlos himself stated:

    “. . . [I]f you’re going to fight a cop, then don’t be surprised if you get punched, tased, bludgeoned, pounced on and kicked by a multitude of cops or just pumped full of lead.

    “Once you get into a physical altercation with a cop, the rules go out the window.”

    As the narrative stated, no one has heard from Juaquez so no one knows whether any footage was deleted, lost in the house, never published, or Juaquez was merely bluffing in hoping he can intimidate (didn’t get him very far, did it).

  • Lefim

    JdL, I know perfectly well you’ve seen enough footage, some on this blog, what happens when cops did “whatever the F*** they feel like.” In this particular instance, please cite the appropriate case law or statute the cops alleged to violate other than the fact they’re cops and you’re projecting your own biases. I cited case law to back my reasoning, are they wrong and do you have appropriate case law to refute my premise? I know steveo and/or ECLS would have a field day educating me if I made such an error.

    Yes, Juaquez had a choice: staying were he was and allow himself be detained or arrested. If arrested, he stood a better chance in beating the rap or get it pleaded down. As it were he got himself and a third brother arrested, the lady in the wheelchair (his mother?) possibly injured, possible damages to the house interior from Juaquez’s resistance and now the family finances getting spread even thinner having to defend three individuals and possible medical bills. Juaquez brought all that on himself and his family.

    Any other choice would leave one dead Juaquez as he’s not trained to draw down on a kevlar vest-protected cop with backup running up, but the cops are surely trained to draw down on Juaquezes (the plural is deliberate). And that leaves that dead Juaquez not helping anyone.

  • Difdi

    Well, unless you are a former commissioned military officer, you are no longer eligible for mandatory militia service after turning 46. Military officers can be recalled at almost any age.

    And the obvious next question of what happens if you refuse to accept that service is mandatory: Failure to report when called is a misdemeanor in most states. Generally the sheriff arrests such a scofflaw and hauls them to the militia mustering area.

    Refusal to serve once at the muster is treason in most states. Due to the military nature of it, trial is by court martial not civilian court. Since such a call-up would be only in times of emergency, there is a distinct possibility of a firing squad within the hour.

  • Brant

    Again, you’re talking out your ass. All States have investigators on the State level, often called the SBI but different from State to State.

  • Brant

    doesn’t take a genius man, video speaks for its self. your blind bigotry speaks for its self as well.

  • Jude I⚡caяiot

    I don’t care why the cops showed up. They broke their trust in the public and their oath to uphold the laws and Constitution of this country.

  • Michael

    The tow-trucker was trying to steal his car, I would be threatening the tow truck driver too. However, I find it more problematic that the brother was arrested for video recording the incident and the video he took seems to be missing.

  • FWM

    Cop runs into my house after me like that better be prepared to die some gang land shit right there.

  • VolvoDriver

    If you only knew… Mehhh, never mind. It wouldn’t matter any way. You’re too stupid to comprehend it. Just keep doing what you’re doing – blathering on from your mom’s basement.

  • SamTx

    Video does not speak for itself. It requires context and often can be misleading.

  • sic of stupid people

    I saw nothing illegal or out of line. I see two people disturbing the peace. I am sure you have a langthy rap sheet aswell!

  • http://astuc.ca/ Wilford Shiell

    I was suffocated by mall cops. I think it is standard practice to suffocate the victim them beat them as they struggle for air. It is a way of terrorizing the community.

  • Neoconhater

    Just sit back and think for a minute….how many times does extreme abuse happen per hour, per day, week, month…and how many more years are people gonna put up with this insane psychopathic police state? Just count how many cops ran (one or two walked) into that house…for one guy with a camera? Almost the entire time his brother was cuffed up taking punches, clear assault recorded on video….but they arrest him instead. Some people really hate cops, watching a video like this explains ALL the reasons why.
    There comes a time when the a fascist police state becomes the New Dark Ages, and it’s pretty ugly, isn’t it.

    “Injustice anywhere is a threat to justice everywhere.” MLK 1963

    Look at what’s happened since he spoke those eloquent words, sad indeed.

  • Disappointed!

    That is an embarrassing display of justice. To top it all off the cop that already battered the man continues to beat him when no one else is around and that person is already in cuffs. Embarrassing Omaha! You make it hard for me to say I’m from there.

  • Clem

    Absolutely correct. They enforce legal policy. It has nothing to do with lawful. They are violent meter maids. It’s amazing to read the legal jargon spewing out from all of the well trained little citizens here in this forum. Seems this country is losing its soul. People are turning into automatons.
    Difdi, reads like a troll.

  • Carmel Garcia

    for sure.

  • Difdi

    Unless you’re claiming that police give up their citizenship when they put on the uniform, you’re delusional.

  • Difdi

    Your ignorance does not alter reality. Here, let reality alter your ignorance:

    http://en.wikipedia.org/wiki/Militia_%28United_States%29

  • Brandon Rinebold

    He is technically correct in that you are classified as an inactive part of the US military if you are a physically capable male citizen.

    However, what he forgets is that the police are not ranking members of that military organization. They are also inactive ‘privates’ in the militia. As non-officers in that militia, they do not have the authority to activate members and even if they did, do not have the authority to issue orders to members of equal rank.

    The authority of the police is derived from written laws. Ordering nonthreatening bystanders around and demanding that they stop recording in a public place is not within their authority because there is no law being violated by that person.

  • Difdi

    If you fall within the age, gender, mental and legal definitions I mentioned, then you are either a member of the militia, or you are not a citizen of the United States. You probably shouldn’t try to vote if that’s the case, since it’s a crime for a non-citizen to cast a ballot in an election.

  • Difdi

    Apparently your misplaced sense of outrage takes up the same space in your skull that your reading comprehension does, because you can apparently only do one at a time.

    I suggested that people who dislike the law should get new laws passed to replace the laws they dislike, since that’s the system that is in place.

  • sick of stupid people

    what the fuck is “Justus”. What a fucking idiot!

  • I Wonder

    I wonder how long it will be until police can detain you under the suspicion of resisting arrest…

  • TheButterThief

    More popo up in here…

  • TheButterThief

    That is some exquisite irony.

  • Michael

    The mayor of Omaha is on twitter, @jimsuttle.

  • Haywood

    Why do you think the scumbags want your guns. You don’t want to live in a country where the only people who have guns are cops, soldiers and the 1%.

  • Michael Darrin Chaney

    So, if I take your phone and tell you I’ll give it back tomorrow, you would argue in court that I didn’t rob you. Right?

    LOL.

    You’ll find that the police often don’t give these things back, too, if you actually read a little.

    Wow, even on this blog:

    http://www.photographyisnotacrime.com/2013/03/25/arkansas-sheriffs-deputy-arrests-man-for-video-recording-then-claims-he-lost-phone/

    Robbery. Period.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Weak argument. Try seeing what the law actually says, instead of what you wish it said. I’ll address it further later.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    OK, show me the elements of the offense, including both the actus reus and mens rea, and we’ll discuss it. Your conclusory statements would be laughed out of court.

    Remember, you have to show intent to permanently deprive beyond a reasonable doubt according to Nebraska law. Your reference to the Arkansas case, while interesting, has nothing to do with the matter in Nebraska, nor does it have any relevant, material, or probative value.

    So, you want him charged, show the proof that could be taken to the District Attorney.

  • Jude I⚡caяiot

    Agreed.

  • Jude I⚡caяiot

    Objectively, the cops chased a guy for not violating any laws, arrested him, and stole his property.

  • VolvoDriver

    Do you have a problem with the make of truck I drive, Michelle? Would you like me to run over your pusswagon with it? Side dump a load of rocks on it? I also don’t live in a crib, the likes of which babies like you lie. I live in a very nicely restored home. It’s too bad that wusses like you are scared to even visit this area of Omaha. Well, actually, it’s okay. We’re before off without your type.

  • Kenneth Bankers

    As of 5 pm Tuesday 3/26/2013 The OPD and Douglas county Sheriff is still stone walling. No answers yet, Working on getting info for you guys.

  • http://twitter.com/SteppingShadows Stepping On Shadows

    Oh… I see…. we arm only the thugs that our government approves of. What innocent citizen do I have to beat the hell out of to get me a government gun?

  • http://twitter.com/SteppingShadows Stepping On Shadows

    They’ve always been like this. Tiny, cheap cameras and Youtube are what’s new.

  • Sameold

    Yep, how stupid can you be, did he not provoke the cop, three times. As far as asking what they were doing, more dumbness unless it was his car. Stupid meets power hungry bored cops=not good

  • http://www.facebook.com/people/Phillip-McDaniel/1176265924 Phillip McDaniel

    cool story bro

    to bad wikipedia nor the law define leos as militia officers capable of giving orders

  • Ernest Crunkleton

    I love that you did cite, but wikipedia does not count, ask any college professor.

  • http://www.facebook.com/people/Phillip-McDaniel/1176265924 Phillip McDaniel

    When the system or an individual rule/law in place is immoral, morality dictates one ignore it. If slavery were were still legal I suspect Difdi is the type who’d call to turn in escaped slaves … after all it’s the law!

  • Difdi

    And I suspect you’d be the slave owner demanding I do so all the while trying to shift the blame onto me.

    Stop freaking out, engage your brain (assuming you have a functioning one) and read what I wrote. All of it. Then and only then should you hit reply. I stated verifiable facts, and suggested that people who dislike the laws should lobby to get new laws passed.

    If supporting the rule of law and the constitution makes me your natural enemy, well, you’re obviously not the sort of person who has any moral standing to judge anyone.

  • Difdi

    Cool lack of reading comprehension, bro. Unless you’re claiming that police are NOT citizens of the United States?

  • VolvoDriver

    Just yesterday I sat and watched the video with a good friend of mine who is a cop. We watched it repeatedly. He even pointed out the “officer needs help” call that he could hear, and none of you bozos would notice.

    Everything in the video was done 100% by protocol – UNTIL the cop with the guy on the ground kept punching him. For that, according to my cop friend, that cop is probably going to get fired.

    That was the ONLY thing that was against protocol.

  • http://www.facebook.com/holly.hughes.798 Holly Hughes

    It’s called a typo…..

  • Michael Darrin Chaney

    What you’re proving is what a lot of people have noticed about police officers – you think that you have a different set of laws than the commoners.

    If I robbed you of your phone and claimed I would give it back tomorrow I would be arrested and charged with robbery. Period. In court, nobody would bring up mens rea (and obviously actus reus) and the judge would laugh them out of court if they did. “Your honor, yes I took his phone but I told him I’d give it back the next day, therefore there’s obviously no mens rea.” No lawyer would even bother going down that path and no judge would buy it if one tried.

    Let me explain this to you. I want you to put down the gun and badge for a minute and take your mind back to the days before you were an officer. Your viewpoint right now is that, absent some law telling you that you can’t do something you have every right to do it. So, if you want to take someone’s cell phone and give it back later, that’s fine. It’s fine if you make up some flimsy excuse (it’s evidence!) or whatever. You really don’t *mean* to deprive the person forever of his phone, so there’s no mens rea and thus no crime. Scary how correct I am, isn’t it?

    Here’s what your problem is. The act of taking something from someone by force is a crime known as “robbery”. The act of depriving someone of their freedom is a crime known as “kidnapping”. The act of beating someone is a crime known as “battery”. Now, all of those actions are also legitimately part of normal police activity. And, when done *under legal authority* they’re not crimes at all, obviously. But in the absence of legal authority they’re crimes. It doesn’t matter if you have a badge.

    What you and your fellow officers want to do is make the line really shady and say “well, I didn’t really rob him of his phone – it’s kind of legitimate to take it because I thought it was evidence”. I’m not going to give him the benefit of the doubt. He took it under threat of violence, it’s robbery.

    Frankly, the onus is on you to show that he didn’t have that intent when he took it.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    OK, I’ll go through this point by point.

    I’m no longer a police officer. And while I do have noble blood (hundreds of years back in my family history and much diluted now), neither that, nor any status as an officer or former officer gives anyone any extra rights, or different rules to follow. No exceptions, other than sometimes elected officials, who must be impeached prior to trial under certain conditions.

    Now let’s talk about the robbery charge, setting aside for a moment the imprecise words you used for the hypothetical (if you “robbed”, by inference it is a crime). Phrasing the hypo as “If I took your phone under a claim of right and said I would give it back tomorrow I would be arrested and charged with robbery.” Possibly, but the law would be on your side. See Morrissette v. United States, 342 U.S. 246 (1952) (no theft of government property if there was no intent to steal); State v. Esluer, 340 N.W.2d 152 (Neb. 1983) (sheriff charged with attempted theft requires a finding of intent to deprive the owner of the property); Jones v. State, 166 N.W. 252 (Neb. 1917) (no theft without intent to deprive the owner of the property permanently). If the state can’t show the intent for the underlying theft in the robbery, it will have failed to prove all of the elements and you would be found not guilty.

    As I noted above, I’m not an officer, so there is no need to set aside the badge. You have also misstated my position on seizure of evidence. Evidence can only be seized in accordance with the law. Period. In this case, the subject was arrested, and the phone was seized, as evidence, incident to arrest, which is an exception to the warrant requirement. See United States v. Edwards, 415 U.S. 800 (1974), overruled on other grounds by United States v. Chadwick, 433 U.S. 1 (1977); State v. Alarcon-Chavez, 821 N.W.2d 359 (Neb. 2012). What’s scary is that you are nowhere near correct.

    Your remaining comments are just more of the same. You have to prove the offense, and the onus is on the prosecution, not the defendant. If the officer is being charged with the offense, he need do nothing–the prosecution has to prove each and every element of the offense, or he goes free. There is no difference between an officer defendant and any other defendant. I know, I’ve seen officers arrested for various offenses, and their status as officers did not help them.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Cops only have one rule about fights. The cops have to win. That was my rule when someone fought me – I didn’t fight fair, would escalate to at least one level of force above theirs, and win.

  • Turnkeys

    Of course your friend is going to be as objective as you in this matter. :/

  • Ronin

    What timestamp is that call at, please?

  • Ronin

    Which is what is being discussed by some of us. Not allowing someone to record is also a breach. Maybe not of protocol, but certainly of their right. That has be affirmed, reaffirmed, and reaffirmed yet again ad nauseum.

    If the police are doing everything by the book, it is in their interest to allow and preserve a video record that could help exonerate the accused officer, is it not?

  • Turnkeys

    I was expecting the very same thing…

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Even if a typo, it’s nowhere close to the proper spelling. My vote is for idiot.

  • VolvoDriver

    …as opposed to all the whiney-ass anti-police wusses on this site. Yeah, an objective bunch you are. And brave!

  • http://twitter.com/SteppingShadows Stepping On Shadows

    Police: “Sir, you’re eyes look shifty. We have probable cause to detain you and search your car.”

  • http://twitter.com/SteppingShadows Stepping On Shadows

    No, that would just make more of them…. with my eyes.

  • http://www.disqus.com/ Joshua Deer

    Always pay attention to cases like this. What do you suppose would’ve happened if the home owners defended themselves with violent force? How would the police have framed that, exactly? Are we even allowed to defend ourselves from the police over illegal search and seizure?

  • Carmel Garcia

    no, they don’t have to.

  • http://www.facebook.com/holly.hughes.798 Holly Hughes

    I thought this was about what happened in the video….hummmm…THEIR, THERE…THEY’RE..(patting you on the head)…It will be OK if someone misspells something…it is not about spelling….It is about how the police abused their privilege…..

  • http://neville6000.deviantart.com/ Neville Ross

    Actually, I don’t think that it was a typo, but the true meaning of the word ‘justice’ as practiced by most cops.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Not that wikipedia is a reliable source (it’s not), but it doesn’t say what you claim as far as police officers being active members or being able to give orders.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    One of the officers has been placed on admin leave, normally a precursor to disciplinary action.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Holly, it is about what’s on the video, which can not be condoned, as I’ve mentioned several places.

    We need to film police officers and hold them accountable. We don’t need to start armed confrontation. There may be some point in the future that it is needed (the Second Amendment was designed to protect citizens against tyranny), but not while there are other ways to resolve the issue.

    But anyone who speaks of armed “Justus” of their own, who clearly can’t spell, who clearly advocates shooting other human beings, is an idiot.

    So I stand by my comment that he’s an idiot.

  • http://www.facebook.com/holly.hughes.798 Holly Hughes

    Ok…You make a fair point….But why, just out of my curiosity, would you take your time to correct spelling??? Have you gone thru everyone’s statements and done so??? I have read a lot of statements ..and I have seen you in many and you seem like your angry to everyone….I have not read all of them…so I have no right to say that what I just wrote is 100% true…just the bit that I saw…any who….Good Blessings to Ya!!!

  • http://www.facebook.com/brianjosephconnelly Brian Connelly

    This kind of blatant violations of civil rights is why the 2nd Amendment exists. It’s use would have been completely justifiable in this circumstance. These thugs cops deserved to be shot.

  • Tennesseecitizen

    As an inactive Marine, I say anyone who puts their hands on a man the way they did this man gives up the rights afforded him as an officer. This is assault plain and simple. Record the police anytime an opportunity arises, it is painfully obvious they believe the rule of law doesn’t apply to them.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    So you would take a person’s life over this? Where there did not appear to be a danger of imminent death? Interesting.

  • http://twitter.com/Drooski Adam

    Ok, I have to call the story into question. The man had been standing there recording for a while, and the police ignored him. Suddenly (Right when the camera pans to the left) he makes some kind of move, which results in the officers chasing him down.

    They obviously weren’t after him due to the recording, as they didn’t care throughout.

  • Chris Sorey

    Yep someone slamming someone to the ground by their neck. Then placing their knee on the mans throat trying to choke him to death is not imminent danger at all. Lets wait till the man on the ground passes out. Then after we take his pulse then we can shoot right? Lets not go into seeing the officer beat this other man and trying to strangle him then his buddy running up on the person for recording. If I was the man with the recorder I would have been in fear for my life. After seeing that then them coming after me to get rid of the evidence.. Yep no immediate threat there….

  • http://twitter.com/Drooski Adam

    “The family says officers demanded the phone but when Juaquez ran into the house”
    Again, clearly untrue. The officers were ignoring him completely until he did something and bolted.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    I saw inappropriate conduct by the officer, but not in the way you described.

    First, the method of take-down is designed to place the subject on the ground with minimal injuries, and appeared to be done properly.

    Second, the knee doesn’t go on the throat, it goes over the near shoulder and base of the neck, and does not compress the throat, nor strangle the subject.

    The inappropriate actions were the punches, especially after the subject was handcuffed.

    There was no use of deadly force on the part of the officers, and any use of force expert could verify that.

  • AgTip

    They are not cops; they are the occupying force.

  • Tommy Lewinsky

    Difi heard all that on Fox News… so, it’s true!!! (sarcasm)

  • Tommy Lewinsky

    you lose difdi because there is nothing “obvious.” lol

  • VolvoDriver

    Far more objective than you.

  • dgnar

    thats what happens when you let high school c- students take positions of power… here in Denver, police only need a high school diploma or ged… its insane, idiot thugs (most of them, im sure there are a few serpicos out there) with a linesman mentality

  • http://www.facebook.com/josiahes Lee Jarrod Evans

    Fuck these pigs. I want yall to know, I dont take saying that word lightly. I am the first to stand up for any cops who do the right thing, but I am also the first to call out ANYONE who does the wrong thing (cop or non-cop). And every single one of these cops in this video was WRONG! Please, everyone be ready to film any police at any time. They are our PUBLIC SERVANTS and they are out on the streets on OUR DIME. There is no other way to stop this than by FILMING THEM. Our country is at stake. Do the right thing.

  • Difdi

    So you’re mentally ill or a felon?

  • Difdi

    If you’re not a member of the militia, then you’re probably not a citizen. Attempting to vote could result in prison time if that’s the case.

  • Ronin

    If you don’t own a firearm? By the barrel of a gun…

  • http://neville6000.deviantart.com/ Neville Ross

    They’re just as bad, and have been, for a long time.

  • http://neville6000.deviantart.com/ Neville Ross

    Trust me when I say that if what Japan mandates for police to be police was instituted here in North America, things would be a lot better. A cop should be trained to the highest standards of society anyway, not just given a few years training and then be sent into the field.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    I don’t disagree that higher education standards might be good, but you’ve also got to consider the unintended consequences.

    First, like I mentioned, you’ll need to increase pay to compensate for the additional educational requirement.

    Second, you are severely reducing the applicant pool. This means that many departments will look at relaxing the standards in other areas, such as prior conduct or psychological evaluations in order to hire enough officers.

    Third, it may not accomplish what you want. A study from 2005 showed that officer’s with associate’s and bachelor’s degrees had disciplinary rates that were 25% higher than officers with just a HS diploma. They also had much high vehicle accident rates, and lower commendation rates than officer with HS diplomas. (Dr. M.D. Bostrom, “The Influence of Higher Education on Police Work Habits”). There are some studies that show the opposite.

    Fourth, this can negatively affect diversity requirements. Tulsa, Okla. PD had an issue with this, providing student loans and grants to minorities to help them get their degree, until the program was shut down on reverse discrimination grounds.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    You do realize that police abuse in Japan is more common than in the U.S., right?

  • Common Terry

    Wow, looks like the entire police force came out. You all are a sad punch of cowards indeed.

  • http://neville6000.deviantart.com/ Neville Ross

    So? At least civilian oversight does exist, it’s harder to become a cop than it is here, and as said, the media actively publicizes police misdeeds, plus social sanctions and peer pressure make Japanese cops behave better. That’s something we need to emulate here in North America, no matter what human nature is like.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    So you would rather have a national (federal) police, with no local control, and a higher incidence of police abuse.

    Interesting. Are you perhaps a statist?

  • Al_Dove

    A paid vacation is discipline?

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Precursor. Look it up.

  • No pedo cops

    Omaha cops are bad. Read “the Franklin
    Coverup” for more info.

  • Difdi

    The thing about Wikipedia is that it makes an excellent starting point. The weakness of it is that a majority of people who are mistaken on the facts can warp reality within the wiki, but that doesn’t make it useless or not count any more than the Encyclopedia Britannica is useless or doesn’t count.

    Assuming that anything Wikipedia says is 100% wrong will lead you astray just as surely as assuming it’s always 100% accurate.

  • Shovel Driver

    10 USC Sec. 311
    Sec. 311. Militia: composition and classes

    (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
    (b) The classes of the militia are –
    (1) the organized militia, which consists of the National Guard and the Naval Militia; and
    (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

    -SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 14; Pub. L. 85-861, Sec. 1(7),
    Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103-160, div. A, title V,
    Sec. 524(a), Nov. 30, 1993, 107 Stat. 1656.)

    SOURCE: United States Code (http://uscode.house.gov/download/pls/10C13.txt)

  • Difdi

    The basic process of activating militia is that an elected official makes a determination within their area of jurisdiction that militia are needed. Militia may or may not be trained by the official that calls them up, since generally militia are responsible for their own training and equipment but not always. Militia are activated by being sworn to their duty and the constitution.

    That sounds rather like the process a police officer goes through, now doesn’t it?

    Regular police don’t amount to militia officers, but they are active militia in every way I can see. They are sworn to their duty and the constitution, they are trained to carry out their duty (at least in theory) and are granted the same sorts of line of duty exceptions to various laws that active militia typically are granted in the line of duty. As citizens police are part of the militia, and the manner in which they are hired and sworn is a match to a militia activation.

  • Difdi

    If you didn’t register, you rendered yourself ineligible for any position (even a janitor) in any federal agency. You rendered yourself ineligible to receive any federal grant, loan or scholarship. You may have rendered yourself ineligible to receive social security benefits (I don’t know for sure), though you are still eligible to pay for it. Once you turn 26, it’s too late to register, and you’re stuck with the ineligibility for life.

    All of that is on top of the felony conviction if the feds can prove you did it knowingly and willfully. If convicted, you’d be facing up to 5 years in prison and up to a $250,000 fine.

  • Difdi

    Active militia: citizen, sworn to constitution, supposed to act in the public interest.

    Police: citizen, sworn to constitution, supposed to act in the public interest.

    If it walks like a duck, quacks like a duck, has a bill and feathers and looks awfully like a duck, it’s probably not an aardvark.

  • Westsider50

    Anyone who has their points debunked by a Wikipedia entry automatically goes for the “Wikipedia is not a reliable source” argument instead of offering REAL evidence to the contrary.
    Instead of summary dismissal of his citation, because it proves you wrong, demonstrate just exactly HOW it is wrong. Cite evidence to the contrary.
    I have often found wikipedia to be factual and consistent with other sources when cross referenced.

  • Ronin

    *Ahem* While I am actually giving your response to me due consideration before responding I feel a little snark is needed on this one:
    Politician: Citizen, sworn to uphold the constitution. supposed to act in the public interest.
    It does not seem like the requirements of office make the thing so. It’s up to the individual in the office, squad room, or their dining room and their honor.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Maybe not an aardvark, but it’s also not a duck.

    That comes from over 20 years as a peace officer, 5 years of active duty military, and 15 years in the National Guard.

    Cops are not active militia, nor are they in the exempt category. Were they militia, they would not be subject to a draft, which they are, when a draft is in effect.

    There is no statutory or common law basis for police being active militia.

    The other thing to remember, that if they were active militia, and they gave an “inactive” militia an order that the inactive militia refused to obey, then the member of the “inactive” militia would be subject to a court-martial for either disobeying a direct order or mutiny, neither of which can happen (because police are not “active” militia).

  • VolvoDriver

    It’s a clicking – a code the police use. I don’t know at what timestamp it appears. Turn up your volume and listen carefully. If you know police radio codes, you’ll recognize it. If you don’t, you won’t hear it.

  • Difdi

    Oh, I agree completely. If nobody ever did the wrong thing, nobody would have invented laws, courts, police, etc…

  • Difdi

    A very good point. Still, the statutes and court doctrines they operate under sure do look an awful lot like active militia.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    No argument there.

  • http://erikjay.net/ Erik Jay

    You are the very definition of insufferable. Gawwwd! Yuck! Ee-ew! Just plain icky, man. I am glad I left my omnicient days behind. I was even worse than you! You have hope, really you do, just learn Rule 20: Never waste a good opportunity to STFU.

  • thetinman

    Today’s Omaha Update:

    http://www.omaha.com/article/20130405/NEWS/130409750/1685#cover-up-by-omaha-police-officers-alleged

    It appears that the officers concocted a back story which included confiscating the camera used to record the takedowns and arrests.

    4 cops fired, including a field supervisor. The county prosecutor, chief of police and State Patrol are all investigating…which means that there must be some HARD evidence of wrongdoing.

    Local community activists/agitprop shills seem satisfied. Local media seems satisfied. Local cop union boss seems sheepish.

  • http://www.facebook.com/fcarlson21 Frank Carlson

    cowards fire all of them they have no respect for any one. Todd Schmaderer.you need to clean house.

  • Shovel Driver

    The point, I think, was made that police are active and thus superior officer members of the militia. What then about members of the military on inactive status who thus become higher ranking members of the militia?

    Anyone got a cite that covers this? If not, and until one if produced, the fact that one is a police officer does not require anyone to obey orders.

    Superior force of arms, on the other hand, just might. As to that, may I refer you to this illustration of fallacy: Day By Day http://www.daybydaycartoon.com/2013/04/07/#006902

  • Damon

    They apparently can’t tell me shit either. I’m over 45 years old.

  • whobanetutu

    Rebel/Revolt/Riot

  • lordjakian

    It is a hyper vigilant attitude, but a loss of control to a threat while it is causing pain invites death, rape, and anything else to the one being attacked.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Are you asking about the fact that police officers are not part of the active militia or the fact that the Wikipedia article did not say that police officers were part of the active militia?

    The point I was making is that his citing Wikipedia didn’t establish his point, since nowhere in the Wikipedia entry did it state that police were part of the militia, active or inactive. I don’t have to show anything else, although if you look elsewhere in the conversation, you will find other points that proved the point I was making.

    Besides, according to the latest study (Public Relations Journal, April 18, 2012), 60% of Wikipedia articles on businesses have errors. That’s not including the more innocuous errors, such as the error on the “Haymarket affair” as documented in the Chronicle of Higher Education (The Undue Weight of Truth on Wikipedia, Feb. 12, 2012).

    Wikipedia is great for finding sources, etc., but it is not reliable in an academic sense.

  • http://neville6000.deviantart.com/ Neville Ross

    No, I’m a citizen of color (Afro-Canadian) tired of cops acting like thugs with a badge, accountable to no one, and treating people like me as scum when they see me (I usually have NOTHING to say to cops unless necessary, and I try to avoid them unless necessary.) The reason I do this is due to personal incidents I’ve had with the Toronto Police Services in the past. It’s time for law enforcement to be accountable to those that they ‘protect and serve’ and in a better way than now-if that means it costs more to train and hire cops, then so be it, but at least people won’t be treated like this, and incidents like this won’t happen ever again.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    A national police can possibly work in the Canadian system of government, but not in the U.S. system of government. This is based on the federalist system, where the States have certain rights guaranteed to them under the Constitution, and the fact that the federal government has no general police power, except as expressly delegated to it.

  • audax1
  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Thanks for confirming that I was correct.

  • tiny

    oh hell, i just thought of something, what if a pig gives a pig an ORDER? could they then arrest each other for disobeying “an order”? LOL

  • tiny

    well ya all know what, discuss MILITIA all day and all night if ya all want, dont waste my time! it does nothing to address this crap those PIG bullies are doing! when some were in country in NAM, there are rumors that some officers would end with a bullet when they would cross the line would doing this SHIT! rumor has it, this is the way it was handled in NAM! i was not there and dont know first hand if this is true. it seems to me humans may handle situations like this in this manner when they are in a combat zone. when someone is fighting a war, and is being lead by someone that becomes a danger to him and to everyone under his command, seems to me the way to end that internal threat has very limited options! those rumors may very well be true, i think!

  • tiny

    your nothing but a troll! so, stfu!

  • Difdi

    I do not own trolls, slavery is illegal in this country.

  • http://neville6000.deviantart.com/ Neville Ross

    Excuse me sir, but I NEVER said anything of the kind about having a national police force; I said that we need to have that standards that Japan has in the recruiting and training of police officers. If we don’t get that in North America for our cops, we’re in trouble, and that’s all that there is to it.

    Right now, all that we have are thugs with a badge driving around our main cities in cars that are full of firepower ready to hurt anybody and not really giving a shit about anybody, either. I want (and expect) cops to know the letter of the exact and actual law (especially in regards to photography) and to be able to stick to it without coming up with bullshit saying that I or anybody else here can’t take pictures or make videos of them going about their work. The police need to be better than what they are-if that means paying more money in taxes to make sure they are, and that only a few can become police officers each year, then so be it.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Except that you cannot impose national standards for police on the states. It’s called the Tenth Amendment. Like I said, this is a federalist system.

  • http://neville6000.deviantart.com/ Neville Ross

    Then it’s time to start changing said amendment and making it law that LEO’s are trained to the highest standards expected of them by the public to which they ‘protect and serve’. Laws and constitutional amendments are not static things that can’t be changed or not evolve; this is one of them that has to. Otherwise, what we’ll be having in North America are just thugs with a badge/Gestapo who can hurt people at will and for no other reason than that a person’s ‘strange’ or ‘is walking funny’ or is taking ‘illegal’ photos.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Good luck with that.

    To amend the Constitution, you have to:

    1) Pass both Houses of Congress with a 2/3rds majority (67 votes in the Senate, 290 in the House); and

    2) Be ratified by the legislatures in 3/4ths of the states (38 states).

    This isn’t Canada – you can’t just change the Constitution by passing a new statute.

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